1Establishing the Pennsylvania Long-term Care Council; providing
2for its powers and duties; and repealing related provisions
3of the Public Welfare Code.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Pennsylvania
8Long-term Care Council Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Council." The Pennsylvania Long-term Care Council.

14"Department." The Department of Aging of the Commonwealth.

15Section 3. Pennsylvania Long-term Care Council.

16(a) Establishment.--The Pennsylvania Long-term Care Council
17is established within the department.

18(b) Membership.--The council shall be composed of and

1appointed in accordance with the following:

2(1) The Secretary of Aging.

3(2) The Secretary of Community and Economic Development.

4(3) The Secretary of Health.

5(4) The Secretary of Public Welfare.

6(5) The Insurance Commissioner.

7(6) The Executive Director of the Pennsylvania Housing
8Finance Agency.

9(7) Two members of the House of Representatives, one
10appointed by the Speaker of the House of Representatives and
11one appointed by the Minority Leader.

12(8) Two members of the Senate, one appointed by the
13President pro tempore and one appointed by the Minority
14Leader.

15(9) The following members to be appointed by the
16Governor, in consultation with the Secretary of Aging:

17(i) One representative from the Pennsylvania Council
18on Aging.

19(ii) One member who represents the local area
20agencies on aging.

21(iii) Five members who represent consumer advocacy
22groups, with at least one being a consumer of long-term
23care services.

24(iv) One member who represents the elder law section
25of the Pennsylvania Bar Association.

26(v) One member who is a licensed insurance producer
27with at least ten years' experience in the long-term care
28insurance market.

29(vi) Six members who represent providers throughout
30the long-term care continuum, with no more than one

1member representing a single provider group.

2(vii) One member who has caregiver experience.

3(viii) One member who represents the medical
4community.

5(ix) One member who represents an academic research
6institution.

7(x) One member who represents the County
8Commissioners Association of Pennsylvania.

9(c) Designee.--With the exception of the chairperson,
10governmental members may appoint a designee to attend and vote
11at meetings of the council. Each governmental member who
12appoints a designee shall do so by sending a letter to the
13chairperson stating the name of that designee.

14(d) Chairperson.--The Secretary of Aging shall serve as
15chairperson.

16(e) Executive director.--The Secretary of Aging shall
17appoint an executive director of the council.

18(f) Terms of members.--

19(1) The terms of those members who serve in accordance 
20with subsection (b)(1), (2), (3), (4), (5) and (6) shall be
21concurrent with their service in the office from which they
22derive their membership.

23(2) Members appointed in accordance with subsection
24(b)(7) and (8) shall serve terms coterminous with their
25respective appointing authorities.

26(3) Of the members appointed by the Governor, no less
27than one-third of the members shall be appointed to serve a
28two-year initial term, no less than one-third of the members
29shall be appointed to serve a three-year initial term and the
30remaining members shall serve a four-year term. Members of

1the council shall serve for terms of four years after
2completion of the initial terms as designated in this
3section.

4(4) Members shall be eligible for reappointment but
5shall serve no more than two consecutive full terms. Members
6shall serve until their successors are appointed and
7qualified, provided they represent the interests of the
8membership class for which they were appointed.

9(g) Vacancies.--Any vacancy on the council shall be filled
10by the original appointing authority. An individual appointed to
11fill a vacancy shall serve the balance of the previous member's
12term.

13(h) Removal.--In addition to the provisions of subsection
14(f)(1) and (2), members may be removed from the board for the
15following reasons:

16(1) A member who fails to attend three consecutive
17meetings shall forfeit his or her seat unless the chairman,
18upon written request from the member, finds that the member
19should be excused from a meeting.

20(2) A member shall forfeit his or her seat if he or she
21no longer represents the interests of the membership class
22for which he or she was appointed. Specifically, a member
23meeting this threshold shall no longer be employed or
24associated with the interests of the respective qualification
25for which he or she was appointed.

26(i) Expenses.--Members shall not receive compensation or 
27remuneration for their service as council members or as 
28committee members. Nongovernmental council members shall be 
29entitled to reimbursement for travel and related actual expenses 
30accrued in the performance of their duties as members, in
 

1accordance with Commonwealth travel policy. Committee members 
2who are not members of the council shall not be entitled to 
3reimbursement.

4Section 4. Powers and duties of council.

5(a) General rule.--The council shall have the following
6powers and duties:

7(1) To consult with various departments and agencies and
8to make recommendations on regulations, licensure, financing
9or any other responsibilities of those departments or
10agencies relating to long-term care.

11(2) To perform such other duties as the Governor may
12assign relating to long-term care.

13(3) To approve reports produced by any committee
14established under section 5 before release to the public or
15the General Assembly.

16(4) To develop and adopt rules for conducting council
17meetings, including, but not limited to, the procedure for
18formally adopting the approval of committee reports before
19release to the public.

20(5) To develop and adopt rules for conducting committee
21meetings. This power includes, but is not limited to,
22determining the scope of responsibilities for each committee,
23the number of members for each committee and the procedure
24for formally adopting the approval of committee reports
25before release to the council.

26(6) To assign topics for research and study to each
27committee. Nothing in this paragraph shall be construed to
28prohibit a committee from proposing topics for consideration
29to the council.

30(b) Scope.--All the powers and duties enumerated in this

1section shall be performed in a manner that addresses all areas
2of long-term care, including, but not limited to, institutional
3care and home-based and community-based services.

4Section 5. Council committees.

5(a) Establishment.--The council shall establish committees 
6which may research and study the following areas:

7(1) Regulatory review and access to quality care.

8(2) Community access and public education.

9(3) Long-term care services models and delivery.

10(4) Work force.

11(5) Housing.

12(b) Composition.--The council chairperson shall appoint
13committee members, who may include those who are not members of
14the council and who have expertise pertaining to the specific
15topics and tasks assigned.

16(c) Chairpersons and vice chairpersons.--The chairperson of
17the council shall appoint council members to serve as
18chairperson and, as needed, vice chairperson for each committee.

19(d) Duties.--The council committees shall have the following
20powers and duties:

21(1) To study and report on the topics assigned by the
22council.

23(2) To facilitate the creation of the reports and, with
24the permission of the council, invite individuals to assist
25in preparation of reports for the council.

26(3) To approve reports and recommendations for
27submission to the council. Only members appointed to each
28committee may participate in approving reports and
29recommendations to the council.

30Nothing in this section shall be construed to prohibit the

1chairperson, with concurrence by the council, from establishing
2additional committees or ad hoc work groups to assist the
3council or committees.

4Section 6. Repeal.

5(1) The General Assembly declares that the repeal under
6paragraph (2) is necessary to effectuate this act.

7(2) Section 212 of the act of June 13, 1967 (P.L.31,
8No.21), known as the Public Welfare Code, is repealed.

9Section 7. Effective date.

10This act shall take effect in six months.