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PRINTER'S NO. 1030
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
996
Session of
2021
INTRODUCED BY DAVANZO, T. DAVIS, HENNESSEY, HILL-EVANS, JONES,
KAUFFMAN, MALONEY, MASSER, MERSKI, MILLARD, PICKETT, ROWE,
RYAN, SAYLOR, WARNER, WHEELAND AND ZIMMERMAN, MARCH 23, 2021
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MARCH 23, 2021
AN ACT
Providing for access to long-term care facilities for members of
the clergy, for additional safety requirements for residents,
for suspension of access for members of the clergy and for
personal protective equipment for members of the clergy.
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 Religious
Liberty in Long-Term Care Facilities 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:
"Declaration of disaster emergency." A disaster emergency
declared by the Governor under 35 Pa.C.S. ยง 7301(c) (relating to
general authority of Governor).
"Department." The Department of Health of the Commonwealth.
"Member of the clergy." A clergyman, priest, rabbi,
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minister, Christian Science practitioner, religious healer or
spiritual leader of any regularly established church or other
religious organization.
"Long-term care facility." A facility licensed by the
department or the Department of Human Services, including, but
not limited to, a long-term care nursing facility, a skilled
nursing facility, an assisted living facility, a personal care
home, an older adult daily living center, an independent long-
term care facility or an intermediate care facility for
individuals with intellectual disabilities.
"Resident." An adult with established residency in a long-
term care facility.
Section 3. Access to long-term care facilities for members of
the clergy.
The department, in consultation with the Department of Human
Services, shall establish protocols to allow a resident or an
individual with decision-making authority for the resident to
request visitation by a member of the clergy during a
declaration of disaster emergency. A member of the clergy shall
meet the necessary qualifications to enter the long-term care
facility to provide in-person physical or emotional support to a
resident of a long-term care facility on a voluntary basis and
in accordance with the protocols established under this section.
The protocols shall include all of the following:
(1) Safety measures for members of the clergy,
including, but not limited to, restrictions on travel,
enhanced testing for communicable diseases and the necessary
safety equipment required to protect the health and safety of
the residents and staff of the long-term care facility.
(2) A duration, not to exceed 30 days, when a long-term
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care facility may enter a lock-down phase for the purpose of
establishing safety measures for residents and members of the
clergy.
Section 4. Additional safety requirements for residents.
A long-term care facility may establish additional safety
requirements to protect the residents if the requirements meet
all of the following criteria:
(1) The requirements are directly linked to a
declaration of disaster emergency.
(2) The requirements are not so burdensome and onerous
as to substantially prevent a member of the clergy from being
able to visit a resident in person.
Section 5. Suspension of access for members of the clergy.
A long-term care facility may suspend access to a member of
the clergy who violates the protocols established under section
3, and the long-term care facility shall allow the resident, or
an individual with decision-making authority for the resident,
to immediately request another member of the clergy.
Section 6. Personal protective equipment for members of the
clergy.
A long-term care facility may require a member of the clergy
to provide personal protective equipment for himself or herself
or assume the cost of the personal protective equipment provided
by the facility to allow the member of the clergy to access the
long-term care facility.
Section 7. Applicability.
This act shall apply for the period commencing 15 days after
a declaration of disaster emergency and 60 days after the
termination or expiration of the declaration of disaster
emergency by executive order, proclamation or operation of law.
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Section 8. Construction.
Nothing in this act shall be construed to:
(1) prohibit or restrict long-term care facilities from
allowing members of the clergy to visit residents in a manner
deemed appropriate by the long-term care facilities before
the effective date of section 3; or
(2) supersede Federal authority regarding long-term care
facilities or to prevent the department or Department of
Human Services from taking necessary actions to render the
Commonwealth eligible for Federal funds or reimbursement
services provided in long-term care facilities.
Section 9. Effective date.
This act shall take effect in 60 days.
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