Regular Session 2015-2016 House Bill 0753 P.N. 1052

PRIOR PRINTER'S NO. 889

PRINTER'S NO. 1052

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

753

Session of

2015

INTRODUCED BY SCHLEGEL CULVER, DeLISSIO, MILLARD, HEFFLEY,

HARKINS, BOBACK, HAHN, COHEN, DEASY, PASHINSKI, MURT,

KAUFFMAN, A. HARRIS, PICKETT, WATSON, PEIFER, BRIGGS,

McCARTER, TOPPER, D. PARKER AND SAMUELSON, MARCH 9, 2015

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,

HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 1, 2015

AN ACT

Establishing the Pennsylvania Long-term Care Council; providing

for its powers and duties; and repealing related provisions

of the Public Welfare Code.

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 Pennsylvania

Long-term Care Council Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

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

Section 3. Pennsylvania Long-term Care Council.

(a) Establishment.--The Pennsylvania Long-term Care Council

is established within the department.

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

appointed in accordance with the following:

(1) The Secretary of Aging.

(2) The Secretary of Community and Economic Development.

(3) (2) The Secretary of Health.

(4) (3) The Secretary of Human Services.

(5) (4) The Insurance Commissioner.

(5) THE ADJUTANT GENERAL.

(6) THE SECRETARY OF TRANSPORTATION.

(6) (7) The Executive Director of the Pennsylvania

Housing Finance Agency.

(7) (8) Two members of the Senate, one appointed by the

President pro tempore and one appointed by the Minority

Leader.

(8) (9) Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader.

(9) (10) The following members to be appointed by the

Governor, in consultation with the Secretary of Aging:

(i) One representative from the Pennsylvania Council

on Aging.

(ii) One member who represents the local area

agencies on aging.

(iii) Five SIX members who represent consumer

advocacy groups, with at least one TWO being a consumer

CONSUMERS of long-term care services.

(iv) One member who represents the elder law section

of the Pennsylvania Bar Association.

(v) One member who is a licensed insurance producer

with at least ten years' experience in the long-term care

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insurance market.

(vi) Six SEVEN members who represent providers

throughout the long-term care continuum, with no more

than one member representing a single provider group. AS

FOLLOWS:

(A) ONE MEMBER REPRESENTING NONPROFIT SKILLED

NURSING FACILITIES.

(B) ONE MEMBER REPRESENTING FOR-PROFIT SKILLED

NURSING FACILITIES.

RESIDENCES OR PERSONAL CARE HOMES.

(D) ONE MEMBER REPRESENTING HOMECARE OR HOSPICE.

(E) ONE MEMBER REPRESENTING OLDER ADULT DAILY

LIVING CENTERS.

(F) ONE MEMBER REPRESENTING SENIOR COMMUNITY

CENTERS.

(G) ONE MEMBER REPRESENTING LONG-TERM CARE

MANAGED CARE.

(vii) One member who has TWO MEMBERS WITH caregiver

experience, AT LEAST ONE OF WHOM HAS PERSONAL EXPERIENCE

AS A FAMILY CAREGIVER.

(viii) One member who represents the medical

community. TWO MEMBERS WHO REPRESENT THE MEDICAL

COMMUNITY, ONE OF WHOM MUST BE A PHYSICIAN WITH AT LEAST

FIVE YEARS' EXPERIENCE IN A LONG-TERM CARE SETTING AND

THE OTHER OF WHOM MUST BE A NURSE WITH AT LEAST FIVE

YEARS' EXPERIENCE IN A LONG-TERM CARE SETTING.

(ix) One member who represents TWO MEMBERS WHO

REPRESENT an academic research institution.

(x) One member who represents the County

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Commissioners Association of Pennsylvania.

governmental members may appoint a designee to attend and vote

at meetings of the council. Each governmental member who

appoints a designee shall do so by sending a letter to the

chairperson stating the name of that designee.

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

chairperson.

(e) Executive director.--The Secretary of Aging shall

appoint an executive director of the council.

(f) Terms of members.--

(1) The terms of those members who serve in accordance

with subsection (b)(1), (2), (3), (4), (5) and, (6) AND (7)

shall be concurrent with their service in the office from

which they derive their membership.

(2) Members appointed in accordance with subsection

(b)(7) (B)(8) and (8) (9) shall serve terms conterminous with

their respective appointing authorities.

(3) Of the members appointed by the Governor, no less

than one-third of the members shall be appointed to serve a

two-year initial term, no less than one-third of the members

shall be appointed to serve a three-year initial term and the

remaining members shall serve a four-year term. Members of

the council shall serve for terms of four years after

completion of the initial terms as designated in this

section.

(4) Members shall be eligible for reappointment but

shall serve no more than two consecutive full terms. Members

shall serve until their successors are appointed and

qualified, provided they represent the interests of the

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membership class for which they were appointed.

(g) Vacancies.--Any vacancy on the council shall be filled

by the original appointing authority. An individual appointed to

fill a vacancy shall serve the balance of the previous member's

term.

(h) Removal.--In addition to the provisions of subsection

(f)(1) and (2), members may be removed from the board for the

following reasons:

(1) A member who fails to attend three consecutive

meetings shall forfeit his or her seat unless the chairman,

upon written request from the member, finds that the member

should be excused from a meeting.

(2) A member shall forfeit his or her seat if he or she

no longer represents the interests of the membership class

for which he or she was appointed. Specifically, a member

meeting this threshold shall no longer be employed or

associated with the interests of the respective qualification

for which he or she was appointed.

(i) Expenses.--Members may not receive compensation or

remuneration for their service as council members or as

committee members. Nongovernmental council members shall be

entitled to reimbursement for travel and related actual expenses

accrued in the performance of their duties as members, in

accordance with Commonwealth travel policy. Committee members

who are not members of the council may not receive

reimbursement.

Section 4. Powers and duties of council.

(a) General rule.--The council shall have the following

powers and duties:

(1) To consult with various departments and agencies and

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to make recommendations on regulations, licensure, financing

or any other responsibilities of those departments or

agencies relating to long-term care.

(2) To perform such other duties as the Governor may

assign relating to long-term care.

(3) To approve reports produced by any committee

established under section 5 before release to the public or

the General Assembly.

(4) To develop and adopt rules for conducting council

meetings, including, but not limited to, the procedure for

formally adopting the approval of committee reports before

release to the public.

(5) To develop and adopt rules for conducting committee

meetings. This power includes, but is not limited to,

determining the scope of responsibilities for each committee,

the number of members for each committee and the procedure

for formally adopting the approval of committee reports

before release to the council.

(6) To assign topics for research and study to each

committee. Nothing in this paragraph shall be construed to

prohibit a committee from proposing topics for consideration

to the council.

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

section shall be performed in a manner that addresses all areas

of long-term care, including, but not limited to, institutional

care and home-based and community-based services.

Section 5. Council committees.

(a) Establishment.--The council shall establish committees

which may research and study the following areas:

(1) Regulatory review and access to quality care.

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(2) Community access and public education.

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

(4) Work force.

(5) Housing.

(6) BEHAVIORAL HEALTH ISSUES OF SENIOR CITIZENS WHO ARE

AT LEAST 60 YEARS OF AGE.

(b) Composition.--The council chairperson shall appoint

committee members, who may include those who are not members of

the council and who have expertise pertaining to the specific

topics and tasks assigned.

the council shall appoint council members to serve as

chairperson and, as needed, vice chairperson for each committee.

(d) Duties.--The council committees shall have the following

powers and duties:

(1) To study and report on the topics assigned by the

council.

(2) To facilitate the creation of the reports and, with

the permission of the council, invite individuals to assist

in preparation of reports for the council.

(3) To approve reports and recommendations for

submission to the council. Only members appointed to each

committee may participate in approving reports and

recommendations to the council.

(e) Construction.--Nothing in this section shall be

construed to prohibit the chairperson, with concurrence by the

council, from establishing additional committees or ad hoc work

groups to assist the council or committees.

Section 6. Repeal.

Repeals are as follows:

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(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2) Section 212 of the act of June 13, 1967 (P.L.31,

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

Section 7. Effective date.

This act shall take effect in six months.

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