PRIOR PRINTER'S NOS. 1366, 2094

PRINTER'S NO.  2212

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1152

Session of

2009

  

  

INTRODUCED BY MUNDY, McILVAINE SMITH, K. SMITH, BRENNAN, BRIGGS, D. COSTA, DeWEESE, FABRIZIO, FRANKEL, GEORGE, GOODMAN, HARHAI, HORNAMAN, JOSEPHS, MANDERINO, MILNE, MURPHY, M. O'BRIEN, PARKER, PAYTON, PHILLIPS, READSHAW, SANTONI, SIPTROTH, STURLA, J. TAYLOR, WALKO, YOUNGBLOOD, BROWN, BELFANTI, DeLUCA, KORTZ, KULA, QUINN, FREEMAN, MURT, EACHUS AND PASHINSKI, MARCH 31, 2009

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 17, 2009   

  

  

  

AN ACT

  

1

Establishing the Department of Aging and Long-Term Living and

2

providing for its powers and duties; and making related

3

repeals.

4

The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Department of

8

Aging and Long-Term Living Act. 

9

Section 2.  Objectives.

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The objectives of this act shall be all of the following:

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(1)  To establish a cabinet-level State agency that

12

combines the Department of Aging and selected functions of

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the Department of Public Welfare.

14

(2)  To establish an agency whose jurisdiction, powers

15

and duties concern and are directed to advancing the well-

 


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being and full participation of older adults through the

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creation and growth of programs and activities that support

3

health and wellness of older adults, assist older adults in

4

maintaining lives of independence and dignity, and encourage

5

the involvement of older adults in the community.

6

(3)  To establish an agency whose jurisdiction, powers

7

and duties concern and are directed to advancing the well-

8

being and full participation of people with disabilities

9

through the provision of long-term living services in a

10

manner that assists them in attaining and maintaining lives

11

of independence and dignity and promotes involvement and

12

integration in the community.

13

(4)  To effect the maximum feasible coordination of and

14

eliminate duplication in the Commonwealth’s administration of

15

certain Federal and State programs for people with

16

disabilities and older adults.

17

(5)  To promote the development of a long-term living

18

system that includes consumer choice and self-direction,

19

recognizes cultural differences and language barriers and is

20

responsive to the needs and preferences of people with

21

disabilities and older adults at each stage of their adult

22

life, including changes that may require additional care and

23

services.

24

(6)  To promote the efficient and economical

25

administration and delivery of long-term living services to

26

people with disabilities and older adults in ways that assure

27

that long-term living services are provided in a manner

28

consistent with applicable Federal and State law, including

29

Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C.

30

§ 1396 et seq.).

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Section 3.  Definitions.

2

The following words and phrases when used in this act shall

3

have the meanings given to them in this subsection unless the

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context clearly indicates otherwise:

5

"Adult."  A person residing in this Commonwealth who is at

6

least 18 years of age.

7

"Adult daily living center."  An older adult daily living

8

center as defined in the act of July 11, 1990 (P.L.499, No.118),

9

known as the Older Adult Daily Living Centers Licensing Act. 

10

"Area agency."  The single local area agency on aging

11

designated by the Department of Aging and Long-Term Living

12

within each planning and service area to administer the delivery

13

of a comprehensive and coordinated plan of social and other

14

services and activities.

15

"Area plan."  The plan submitted to the Department of Aging

16

and Long-Term Living by an area agency describing the methods by

17

which it will ensure a coordinated and comprehensive plan of

18

social and other services and activities in the planning and

19

service area.

20

"Assessment."  A determination based on a comprehensive

21

review of an individual’s social, physical and psychological

22

status and needs, using the instruments and procedures

23

established by the department for this purpose. 

24

"Assisted living residence."  An assisted living residence as

25

defined in section 1001 of the act of June 13, 1967 (P.L.31,

26

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

27

"Centers for independent living."  A center for independent

28

living as defined in the Rehabilitation Act of 1973 (Public Law

29

93-112, 29 U.S.C. § 701 et seq.).

30

"Community senior center."  A center where older adults

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1

congregate for services and activities that support their

2

independence, enhance their quality of life and encourage their

3

involvement in the community.

4

"Council."  The Council on Aging and Long-Term Living.

5

"Department."  The Department of Aging and Long-Term Living

6

of the Commonwealth.

7

"Domiciliary care."  A living arrangement in the community

8

which provides a safe, supportive, homelike residential setting

9

for no more than three adults who are unrelated to the

10

domiciliary care provider and who cannot live independently in

11

the community.

12

"Long-term living services."  Those services designed to

13

provide diagnostic, therapeutic, rehabilitative, preventive,

14

wellness, supportive or maintenance services for individuals who

15

have chronic or episodic functional impairments provided in

16

settings including, but not limited to, the individual’s home,

17

an adult daily living center, domiciliary care, a personal care

18

home, an assisted living residence or a nursing facility. The

19

term does not include services authorized under the act of

20

October 20, 1966 (Sp.Sess. 3, P.L.96, No.6), known as the Mental

21

Health and Mental Retardation Act of 1966, or similar services

22

funded under Title XIX of the Social Security Act (49 Stat. 620,

23

42 U.S.C. § 1396 et seq.).

24

"Nursing facility."  A long-term care nursing facility

25

licensed by the Department of Health pursuant to the act of July

26

19, 1979 (P.L.130, No.48), known as the Health Care Facilities

27

Act. 

28

"Older adults," "older persons," "aging," or "elderly."  Any

29

persons residing within this Commonwealth who are at least 60

30

years of age.

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"Older Americans Act of 1965."  The Older Americans Act of

2

1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.).

3

"People with disabilities."  Individuals 18 to 59 years of

4

age residing within this Commonwealth who have been determined

5

to be eligible to receive, or who are receiving, attendant care

6

services under the act of December 10, 1986 (P.L.1477, No.150),

7

known as the Attendant Care Services Act, or services under a

8

home and community-based services waiver or other long-term

9

living services program administered by the Department of Aging

10

and Long-Term Living.

11

"Personal care home."  A personal care home licensed under

12

Article X of the act of June 13, 1967 (P.L.31, No.21), known as

13

the Public Welfare Code.

14

"Planning and service area."  The geographic unit within this

15

Commonwealth, as authorized by the Older Americans Act of 1965

16

(Public Law 89-73, 42 U.S.C. § 3001 et seq.), for allocation of

17

funds for the delivery of social services to older adults.

18

"Secretary."  The Secretary of Aging and Long-Term Living.

19

"Sole State agency."  As used with reference to the Older

20

Americans Act of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et

21

seq.), the Department of Aging and Long-Term Living.

22

"Support organization."  A private organization that supports

23

people with disabilities and older adults through advocacy or

24

the provision of services.

25

"Unit of general purpose local government."  As used with

26

reference to the designation of area agencies on aging, a county

27

or other unit which carries general government authority for an

28

area designated as a planning and service area under this act or

29

a combination of those units.

30

Section 4.  Department of Aging and Long-Term Living.

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(a)  Establishment.--The Department of Aging and Long-Term

2

Living is established.

3

(b)  Powers and duties.--The department shall have the power

4

and duty to do all of the following:

5

(1)  Administer programs that provide long-term living

6

services to people with disabilities and older adults.

7

(2)  Assist with planning and provide consultation to

8

State agencies with respect to services, programs and

9

activities which they may furnish to people with disabilities

10

and older adults.

11

(3)  Develop and periodically update in consultation with

12

the council, service providers, centers for independent

13

living, support organizations and the area agencies, a

14

comprehensive plan for coordinating major Commonwealth

15

services, programs and activities that are directed toward

16

people with disabilities and older adults who require long-

17

term living services.

18

(4)  Administer the Pharmaceutical Assistance Contract

19

for the Elderly program as authorized by the act of August

20

26, 1971 (P.L.351, No.91), known as the State Lottery Law.

21

(5)  Administer the act of November 6, 1987 (P.L.381,

22

No.79), known as the Older Adults Protective Services Act.

23

(6)  Prepare for the Governor an annual budget for the

24

council as may be reasonably required to address the needs of

25

the council.

26

(7)  Make recommendations for legislative action to the

27

Governor and the General Assembly.

28

(8)  Publish a description of the organization and

29

function of the department so that all interested agencies

30

and individuals may be better able to solicit assistance from

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the department.

2

(9)  Administer and supervise a domiciliary care program

3

for adults.

4

(9.1)  License and regulate personal care homes and

5

assisted living residences under all powers previously

6

granted to the Department of Public Welfare as provided in

7

Articles II and X of the act of June 13, 1967 (P.L.31,

8

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

9

(10)  Administer and supervise an attendant care program

10

for people with disabilities under the act of December 10,

11

1986 (P.L.1477, No.150), known as the Attendant Care Services

12

Act, and any related home and community-based services waiver 

13

for older adults and people with disabilities.

14

(11)  Conduct, in cooperation with appropriate State and

15

local public and private agencies, studies and evaluations

16

pertaining to the quality of life, health and social needs,

17

civil rights and status of people with disabilities and older

18

adults and report the findings and recommendations to the

19

General Assembly.

20

(12)  In cooperation with the area agencies, Federal,

21

State and local agencies that support people with

22

disabilities and older adults, service providers, centers for

23

independent living and support organizations, work toward the

24

development of a continuum of home and community-based

25

service, transportation and housing options for older adults

26

and for people with disabilities designed to maintain them in

27

the community and avoid or delay institutional care when

28

clinically appropriate. The department shall ensure that

29

consumers are made aware of the availability of nursing

30

facility services or other residential settings when

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identified as a clinically appropriate option. System

2

development activities shall include coordinating the

3

Commonwealth’s plans for the provision, expansion and

4

effective administration of all of the following:

5

(i)  In-home services that recognize consumer choice,

6

including personal assistance and supportive services,

7

which shall include consumer-directed services.

8

(ii)  Housing options such as service-enriched

9

housing options, personal care homes and assisted living

10

residences and nursing facility services, when clinically

11

appropriate.

12

(iii)  Special services to caregivers who support

13

people with disabilities and older adults, recognizing

14

the important role that families play in helping older

15

adults and people with disabilities to live

16

independently.

17

(iv)  Adult daily living center services, respite

18

services and other community-based services to support

19

caregivers.

20

(v)  The promotion of informal community supports.

21

(vi)  Comprehensive and ongoing assessment programs.

22

(vii)  Counseling programs to assist individuals in

23

determining appropriate long-term living services.

24

(viii)  Special advocacy efforts to promote greater

25

awareness of, and more effective response to, Alzheimer’s

26

disease and other related dementia.

27

(ix)  Activities and services at community senior

28

centers.

29

(x)  Wellness and preventive health programs.

30

(13)  In cooperation with the Department of Public

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1

Welfare, and consistent with the authority of the Department

2

of Public Welfare as the single State agency responsible for

3

the Medical Assistance Program funded under Title XIX of the

4

Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.),

5

do all of the following:

6

(i)  Develop and administer a system of assessment

7

for individuals seeking or requiring long-term living

8

services under the medical assistance program using an

9

instrument that provides comparable data elements and at

10

comparable intervals as specified by the State for

11

nursing facilities participating in the medical

12

assistance program.

13

(ii)  Develop and administer home and community-based

14

long-term living service programs for people with

15

disabilities and older adults who are assessed as being

16

clinically eligible for nursing facility care, including

17

residents of assisted living residences, or for the care

18

provided by an intermediate care facility for persons

19

with other related conditions.

20

(iii)  Administer those provisions of the act of June

21

13, 1967 (P.L.31, No.  21), known as the Public Welfare

22

Code, which relate to long-term living services   for

23

people with disabilities and older adults.

24

(14)  Review all proposed Commonwealth program plans and

25

policies, and administrative regulations that are published

26

in the Pennsylvania Bulletin for their impact on people with

27

disabilities and older adults. If the secretary determines 

28

that they have an impact on such persons, the secretary may

29

comment in accordance with the provisions of the act of July

30

31, 1968 (P.L.769, No.240), referred to as the Commonwealth

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1

Documents Law.

2

(15)  Promulgate rules and regulations necessary to

3

perform the duties required of the department under this act.

4

(16)  Review the activities of regulatory agencies of the

5

Commonwealth which affect the full and fair utilization of

6

State and community resources for programs and benefits for

7

people with disabilities and older adults and initiate

8

programs which will help assure such utilization.

9

(17)  Conduct, in cooperation with the Department of

10

Health and the Department of Public Welfare, periodic studies

11

and evaluations pertaining to the quality of care and related

12

services for consumers of long-term living services and

13

report the findings to the General Assembly.

14

(18)  Conduct, in cooperation with the Department of

15

Health, an ongoing Statewide prescription drug education

16

program designed to inform older adults of the dangers of

17

prescription drug abuse and misuse.

18

(19)  Collaborate with the Department of Community and

19

Economic Development and the Pennsylvania Housing Finance

20

Agency in the location, design, management of and services

21

for accessible and affordable housing built for people with

22

disabilities and older adults and upon request, provide

23

technical assistance to local housing authorities, nonprofit

24

housing and community groups, redevelopment authorities and

25

other groups with a special emphasis on programs related to

26

utility costs, rehabilitation and maintenance of the homes of

27

those persons.

28

(20)  Review and comment on all rules, regulations,

29

eligibility or payment standards issued by the Department of

30

Public Welfare, the Department of Health, the Department of

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1

Environmental Protection or the Department of Labor and

2

Industry relating to the licensure and regulation of nursing

3

facilities and hospitals; medical assistance, supplemental

4

security income; home support, homecare, hospice and home

5

health care.

6

(21)  Review and comment on rules, regulations,

7

eligibility standards or contract provisions issued by the

8

Department of Revenue and the Department of Transportation

9

relating to activities financed in whole or in part by the

10

Pennsylvania Lottery.

11

(22)  Review and comment on rules, regulations,

12

eligibility standards or contract provisions issued by the

13

Department of Transportation relating to specialized

14

transportation needs of people with disabilities and older

15

adults in rural and urban areas.

16

(23)  In coordination with the area agencies, centers for

17

independent living, support organizations, service providers 

18

and the council, develop and conduct research, demonstration

19

programs and training programs to advance the interests and

20

identify the care and service needs of people with

21

disabilities and older adults.

22

(24)  Serve as an advocate for older adults at all levels

23

of government and provide consultation and assistance to the

24

area agencies, service providers, communities and civic

25

groups developing local services for older adults.

26

(25)  Advance the interests of people with disabilities

27

at all levels of government and provide consultation to

28

service providers, support organizations and other groups

29

developing services and supports for people with

30

disabilities.

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1

(26)  Maintain a clearinghouse of information related to

2

the interests of people with disabilities and older adults

3

and provide technical assistance and consultation to all

4

agencies, both public and private with respect to programs

5

and services for those persons.

6

(27)  Promote, utilizing wherever possible the area

7

agencies, centers for independent living, support

8

organizations and service providers, community education

9

regarding the problems of people with disabilities and older

10

adults through institutes, publications and use of

11

communications media.

12

(28)  Under the Older Americans Act of 1965, to:

13

(i)  Evaluate the need for services for older adults

14

within this Commonwealth and determine the extent to

15

which public and private programs meet such a need with

16

special emphasis on the needs and participation of the

17

minority elderly.

18

(ii)  Provide for services to older adults that

19

promote lives of independence, dignity, integration and

20

involvement through area agencies and other appropriate

21

agencies, organizations and institutions authorized in

22

accordance with the Older Americans Act of 1965, related

23

Federal acts and applicable State law and to stimulate

24

services and opportunities for older adults which are not

25

otherwise available.

26

(iii)  Function as the sole State agency to receive

27

and disburse Federal funds under the Older Americans Act

28

of 1965 and State funds made available for providing

29

services to older adults.

30

(iv)  Develop and administer the State plan for the

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1

aging required by Federal law.

2

(v)  Promote and support programs, studies and

3

policies, in cooperation with other government agencies,

4

which will enhance the opportunity for continued work,

5

education and training for older adults.

6

(vi)  Promote, through the use of area agencies and

7

direct grants, contracts and technical assistance, the

8

development of community senior centers, service

9

organizations, clubs, associations and organizations

10

dedicated to the rights and needs of older adults when

11

these are not in conflict with State or area plans for

12

the aging.

13

(vii)  Establish and administer a State Long-Term

14

Care Ombudsman Program, including providing resources to

15

area agencies or other contractors to investigate and

16

resolve complaints related to the health, safety or

17

rights of older adults who are consumers of long-term

18

living services and prepare and submit to the General

19

Assembly an annual report containing data and findings

20

regarding the types of problems experienced and

21

complaints investigated.

22

(29)  Provide guidance as requested by the Department of

23

Transportation relating to the Department of Transportation's

24

administration of transportation services as authorized by

25

Chapter 9 of the act of August 26, 1971 (P.L.351, No.91),

26

known as the State Lottery Law. The secretary shall confer

27

with the Department of Transportation in order to ensure that

28

the regulations promulgated by the department do not conflict

29

with those promulgated by the Department of Transportation.

30

(c)  Preference.--In filling vacancies authorized to the

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1

department, the secretary shall assure that preference is given

2

to people with disabilities and older adults.

3

Section 5.  Council on Aging and Long-Term Living.

4

(a)  Creation.--

5

(1)  There is created in the Office of the Governor the

6

Council on Aging and Long-Term Living, which shall consist of

7

36 persons, be comprised of two subcouncils, the Subcouncil

8

on Aging and the Subcouncil on Long-Term Living, and include

9

the chairpersons of the regional councils on aging and long-

10

term living, as described under subsection (f)(7).

11

(2)  There shall be a chair of the Subcouncil on Aging

12

and a chair of the Subcouncil on Long-Term Living. These

13

chairs shall serve as cochairs of the council.

14

(3)  The Subcouncil on Aging shall consist of 18 persons,

15

inclusive of the Subcouncil chair, comprised as follows:

16

(i)  at least five members who are older adults, with

17

at least one older adult who receives services through

18

the department;

19

(ii)  no more than five members who are employed by,

20

have a financial interest in or are associated with an

21

entity that provides services to older adults or an

22

organization that represents such providers;

23

(iii)  no more than five individuals who are

24

associated with an organization that advocates for older

25

adults; and

26

(iv)  other individuals selected by the secretary who

27

may include academic and other professionals with

28

expertise in the field of aging or caregivers for older

29

adults.

30

(4)  The Subcouncil on Long-Term Living shall consist of

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18 persons, inclusive of the Subcouncil chair, comprised as

2

follows:

3

(i)  at least five people with disabilities who are

4

not employed by or have a financial interest in an

5

organization that provides services to people with

6

disabilities;

7

(ii)  no more than five members who are employed by

8

or associated with an organization that provides services

9

to people with disabilities or represents such providers;

10

(iii)  no more than five individuals who are

11

associated with an organization that advocates for people

12

with disabilities; and

13

(iv)  other individuals selected by the secretary who

14

may include academic and other professionals with

15

expertise relating to disabilities or caregivers for

16

people with disabilities.

17

(5)  Nineteen members of the council shall constitute a

18

quorum.

19

(6)  Absence of a member at three consecutive meetings

20

shall result in the member forfeiting the seat, unless the

21

member requests in writing and receives approval from the

22

appropriate cochair for the absence.

23

(b)  Nomination and terms.--The members of the council shall

24

be nominated by the Governor, including those individuals

25

selected by the secretary, subject to the consent of a majority

26

of the members elected to the Senate, and shall represent, as

27

far as possible, the geographical and cultural diversity of this

28

Commonwealth. The members shall serve staggered three-year terms

29

and shall serve until their successors are appointed and

30

qualified. Members shall be eligible for reappointment, except

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1

no member shall serve more than two full consecutive terms.

2

(c)  Organization.--The council shall provide for its

3

organization and procedure including the selection of the

4

cochairs and other officers as deemed necessary.

5

(d)  Compensation.--The members of the council shall receive

6

no compensation for their services on the council but shall be

7

reimbursed by the department, in accordance with regulations,

8

for any ordinary and necessary expenses incurred in the

9

performance of their duties.

10

(e)  Meetings.--The council shall meet at least four times

11

per year to review and comment upon all reports of the

12

department to the Governor and the General Assembly and conduct

13

other council business. The cochairs may schedule meetings of

14

the subcouncils in addition to or in conjunction with the

15

council meetings. Meetings shall be advertised and conducted

16

pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).

17

(f)  Powers and duties.--The council shall have the following

18

powers and duties:

19

(1)  To review and comment on rules and regulations

20

promulgated by the department.

21

(2)  To prepare and submit to the Governor, the General

22

Assembly and the secretary, public reports evaluating the

23

level and quality of services and programs provided to people

24

with disabilities and older adults by Commonwealth agencies

25

together with recommendations for improved, expanded or

26

additional programs and services for people with disabilities

27

and older adults, including recommendations for community

28

integration and improving cultural sensitivity within these

29

programs and services.

30

(3)  To carry out public hearings on matters affecting

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1

the rights and interests of people with disabilities and

2

older adults, including matters involving cases of neglect,

3

abuse and discrimination against people with disabilities and

4

older adults in the administration of the laws of the

5

Commonwealth and its political subdivisions.

6

(4)  To carry out studies about major issues affecting

7

people with disabilities and older adults and to report to

8

the Governor, the General Assembly, the secretary and the

9

public its findings and recommendations in regard to

10

appropriate action and a long-term strategy for addressing

11

these issues.

12

(5)  To assist the department in the preparation of the

13

State plan on aging.

14

(6)  To consult with the secretary regarding the

15

operations of the department.

16

(7)  To establish no more than five regional councils on

17

aging and long-term living consisting of 15 citizen members,

18

with the composition, members' terms of offices, organization

19

and duties and responsibilities determined by the council. 

20

The council shall ensure that the regional councils are

21

representative of the constituencies cited in subsection (a)

22

(3) and (4).

23

(8)  To employ, with funds as are annually appropriated

24

by the General Assembly, sufficient staff and services to

25

carry out these duties and powers as well as the duties and

26

powers of the regional councils.

27

Section 6.  Area agencies.

28

(a)  Planning and service area.--Planning and service areas

29

in existence on the effective date of this section may only be

30

changed by order of the secretary under provisions set forth by

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the department for combining or dividing geographical areas to

2

bring about more effective and efficient planning and service

3

delivery.

4

(b)  Designated area agencies.--

5

(1)  For each planning and service area there shall be an

6

area agency designated by the department in accordance with

7

the Older Americans Act of 1965, to serve as a focal point in

8

the community for the coordination of services for older

9

adults and for the issues and concerns of aging.

10

(2)  An area agency designated under paragraph (1) shall

11

be one of the following:

12

(i)  An established office of aging.

13

(ii)  An office or agency of the unit of general

14

purpose local government which is designated for the

15

purpose under paragraph (1) by the chief elected

16

officials of the unit of general purpose local

17

government.

18

(iii)  An office or agency designated by the chief

19

elected officials of a combination of units of general

20

purpose local government to act on behalf of that

21

combination for the purpose under paragraph (1).

22

(iv)  A public or nonprofit private agency in a

23

planning and service area which is under the supervision

24

or direction, for the purpose under paragraph (1), of the

25

designated State agency and which can engage in the

26

planning or provision of a broad range of social services

27

within the planning and service area and must provide

28

assurance, found adequate by the department, that it will

29

have the ability to develop and administer an area plan.

30

(3)  The secretary may redesignate or designate new area

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1

agencies based on established regulations. The regulations

2

shall include criteria of efficiencies, appropriateness and

3

equity and shall provide for public hearings on redesignation

4

conducted in the affected planning and service areas. Any

5

determinations of redesignation shall be executed not less

6

than 100 days prior to the beginning of the fiscal year of

7

the local authority. A designation or redesignation may

8

occur:

9

(i)  if changes are made in established planning and

10

service area boundaries;

11

(ii)  if a currently designated area agency is unable

12

or unwilling to continue as the area agency;

13

(iii)  if removal of an area agency designation is

14

requested by the local authority with cause shown; or

15

(iv)  if the department determines that a currently

16

designated area agency is incapable of carrying out its

17

approved area plan.

18

(4)  The removal of an area agency designation and the

19

designation of a new area agency shall be carried out under

20

regulations promulgated by the department and consistent with

21

the Older Americans Act of 1965.

22

(5)  For the purpose of this subsection, the term "local

23

authority" shall mean county commissioners or county council.

24

(c)  Powers and duties.--

25

(1)  The area agency shall have the authority to act as

26

an advocate at all levels of government and within the

27

community at large for the interests of older adults within

28

the planning and service area. It shall develop a

29

comprehensive area plan to coordinate services for older

30

adults within its planning and service area. The area plan

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1

shall make provision for all of the following:

2

(i)  Information and referral, advocacy programs.

3

(ii)  Service coordination or case management of

4

services, including protective services and long-term

5

living services.

6

(iii)  Transportation services.

7

(iv)  Legal counseling and representation.

8

(v)  In-home services that recognize consumer choice,

9

including personal assistance and supportive services,

10

which shall include consumer-directed services.

11

(vi)  Assistance to secure adequate housing and

12

health services.

13

(vii)  Other services required by Federal law and

14

services and activities designated by the department or

15

identified as critical needs by the area agency and the

16

area agency advisory board. The State plan on aging and

17

grants and contracts provided by the department shall

18

reasonably accommodate locally designated priorities and

19

critical needs.

20

(viii)  The establishment of an affiliated network of 

21

community senior centers.

22

(ix)  Congregate and home-delivered meals.

23

(x)  Information and programs about wellness and

24

prevention, including management of chronic disease.

25

(2)  The area agency shall be responsible for working

26

toward the development, in cooperation with State and local

27

organizations and agencies, of a continuum of community-based

28

service and housing options for older adults designed to

29

maintain them in the community and avoid or delay

30

institutional care when clinically appropriate. The area

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1

agency shall ensure that consumers are made aware of the

2

availability of nursing facility services and other

3

residential settings when identified as a clinically

4

appropriate option. System development activities shall

5

include coordinating area plans for the provision, expansion

6

and effective administration of:

7

(i)  In-home services that recognize consumer choice,

8

including personal assistance and supportive services,

9

which shall include consumer-directed services.

10

(ii)  Housing options such as service-enriched

11

housing, personal care homes and assisted living

12

residences and nursing facility services, when clinically

13

appropriate.

14

(iii)  Special supports to caregivers who care for

15

older adults.

16

(iv)  Adult daily living services, respite services

17

and other community-based services to support caregivers.

18

(v)  The promotion of informal community supports.

19

(vi)  Comprehensive and ongoing assessment programs.

20

(vii)  Counseling programs to assist individuals in

21

determining appropriate long-term living services.

22

(viii)  Special services to protect the health,

23

safety and welfare of older adults who lack the capacity

24

to protect themselves.

25

(ix)  Special advocacy efforts to promote greater

26

awareness of Alzheimer’s disease and other related

27

dementia. To the extent that the needs of other adults 

28

affected by Alzheimer's disease and other related

29

dementia involve and overlap the needs of older adults

30

addressed under this subparagraph, the area agency shall

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1

serve as an advocate for affected adults of any age.

2

(3)  The area agency shall give priority of services to

3

older adults with the greatest social need and greatest

4

economic need.

5

(4)  In filling employment vacancies, the area agency

6

shall assure that preference is given to older adults.

7

(5)  Consistent with the Older Americans Act of 1965 and

8

provisions set forth by the department, the area agency may

9

grant to or contract with any public or private agency for

10

the provision of social services. The area agency is

11

authorized to use, with their consent, the services,

12

equipment, personnel and facilities of Federal and State

13

agencies, with or without reimbursement and on a similar

14

basis, to cooperate with other public and private agencies,

15

and instrumentalities in the use of services, equipment and

16

facilities.

17

(d)  Advisory councils.--In each planning and service area,

18

an advisory council of at least 15 members shall be appointed to

19

advise the area agency with regard to the needs of older adults

20

residing in the planning and service area and the area agency’s

21

responses to those needs. The composition and responsibility of

22

the area agency advisory council shall be consistent with the

23

provisions of the Older Americans Act of 1965 and the

24

regulations of the department. The regulations shall require

25

that each advisory council be composed of a majority of older

26

adults. Advisory councils shall be given the maximum possible

27

opportunity to influence local programs and policies and

28

advocacy roles within area agency programs and local

29

communities. Area agencies shall provide advisory councils with

30

the funds necessary to carry out their functions.

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1

(e)  Reports and plans.--

2

(1)  Under provisions set forth by the department, the

3

area agency shall submit to the department a comprehensive

4

area plan which clearly explains the area agency’s objectives

5

for providing services to the older adults of the planning

6

and service area. The plan may be submitted as part of a

7

coordinated county human service plan if the format is

8

approved by the department.

9

(2)  Area plans shall be subject to approval by the

10

department based on the area agency's demonstration of

11

compliance with the Older Americans Act of 1965 and other

12

applicable law, provision of services in a manner that

13

advances the goal of consistency among the planning and

14

service areas of the Commonwealth and other relevant factors

15

to be determined by the secretary.

16

(3)  Each area agency, under provisions set forth by the

17

department, shall submit an annual report which describes and

18

evaluates its programs and services after the close of each

19

year of funding by the department.

20

(f)  Allocation of resources.--

21

(1)  The area agency shall receive a basic allocation of

22

resources, consisting of Federal and State funds weighted by

23

the proportion of poor older adults who reside in the

24

planning and service area in relation to the total number of

25

poor older adults who reside in this Commonwealth utilizing

26

poverty threshold income standards as determined by the

27

United States Office of Management and Budget, except that

28

each area agency shall be held harmless to the amount of

29

State funds received in the preceding program year.

30

(2)  The department may allocate additional resources to

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1

area agencies based upon the total number of older adults who

2

reside within the planning and service area, the availability

3

of transportation services, the rural-urban distribution of

4

older adults, rural program cost differentials, the need for

5

social and medical services, the amount of funds devoted by

6

county commissioners for older adults and other special

7

circumstances as determined by the secretary.

8

(3)  Funds appropriated to carry out the purposes of this

9

act shall be distributed to the area agencies as grants or

10

cost reimbursement for services to older adults, if there is

11

an acceptable plan in accordance with subsection (e).

12

(g)  Evaluation.--The department shall continually review and

13

evaluate the activities of area agencies and the impact and

14

effectiveness of all programs under this act, which may include

15

an onsite evaluation. A written report of the findings of the

16

evaluation shall be submitted to the area agency subject to the

17

evaluation and within 30 days shall be available to the public.

18

In all evaluations, the department shall obtain the views of

19

program beneficiaries concerning strengths and weaknesses of the

20

program. Other departments and agencies of the Commonwealth

21

shall make available to the department information necessary for

22

the evaluations. The department shall annually submit to the

23

Governor and the General Assembly a report on its activities

24

including statistical data reflecting services and activities

25

provided to older adults and people with disabilities during the

<--

26

preceding fiscal year.

27

Section 7.  Demonstration programs.

28

In recognition of the need for expanded knowledge and

29

experience concerning the status of people with disabilities and

30

older adults in this Commonwealth, the secretary may provide for

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1

research and demonstration programs for the following purposes:

2

(1)  Studying current living conditions and needs with

3

special emphasis on persons with low income, medical and

4

functional disabilities, advanced age and isolated living

5

situations.

6

(2)  Studying existing methods and alternatives for

7

providing services, programs and opportunities.

8

(3)  Identifying those factors of particular detriment or

9

benefit to the welfare of people with disabilities and older

10

adults.

11

(4)  Developing new approaches and alternatives for

12

living arrangements, social services, institutional care,

13

health services, legal representation and the coordination of

14

community services.

15

(5)  Studying intergenerational mentoring programs that

16

exemplify the value and benefits of the knowledge and

17

experience of older adults.

18

Section 8.  Reorganization.

19

(a)  Employees.--

20

(1)  All Department of Public Welfare personnel employed

21

by the Office of Long-Term Living and the allocations,

22

appropriations, equipment, files, records, contracts,

23

agreements, obligations and other materials which are used or

24

expended by the Department of Public Welfare exclusively in

25

connection with the powers, duties or functions exercised by

26

the Office of Long-Term Living are transferred to the

27

department with the same force and effect as if the

28

appropriations had been made to and the items had been the

29

property of the Department of Aging and Long-Term Living and

30

as if the contracts, agreements and obligations had been

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1

incurred or entered into by the department.

2

(2)  All Department of Public Welfare personnel involved

3

with the licensure and regulation of personal care homes and

4

the allocations, appropriations, equipment, files, records,

5

contracts, agreements, obligations and other materials which

6

are used or expended by the Department of Public Welfare

7

exclusively in connection with the licensure and regulation

8

of personal care homes are transferred to the department upon

9

the effective date of this subsection, pursuant to subsection

10

20(a).

11

(b)  Contracts and obligations.--The reorganization of the

12

Department of Aging as the department shall not affect the

13

status of any contract, agreement or obligation entered into by

14

the Department of Aging.

15

(c)  Civil service.--All positions in the department shall be

16

deemed to be included in the list of positions under section

17

3(d) of the act of August 5, 1941 (P.L.752, No.286), known as

18

the Civil Service Act, and the provisions and benefits of the

19

act shall be applicable to the employees of and positions in the

20

department.

21

(d)  Personnel.--All personnel transferred to the department

22

from the Department of Public Welfare under this act shall

23

retain any civil service or other employment status assigned to

24

the personnel in those departments and agencies prior to the

25

effective date of this section.

26

(e)  References.--A reference in a statute or regulation to

27

the Department of Aging shall mean a reference to the

28

department. A reference in a statute or regulation to the

29

Secretary of Aging shall mean a reference to the secretary.

30

(f)  Secretary of Aging.--The Secretary of Aging shall become

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1

the secretary on the effective date of this section. Programs

2

and activities authorized under this act shall not commence

3

before that date, except that the secretary and adequate staff,

4

to be supported from the affected authorizations, shall

5

immediately commence transitional and budgetary activities.

6

Section 9.  Lottery fund.

7

The department shall not expend moneys available through the

8

State Lottery Fund for the administration and provision of

9

programs being transferred by this act from the Department of

10

Public Welfare to provide services for people with disabilities

11

who are under 60 years of age.

12

Section 19.  Repeals.

13

Repeals are as follows:

14

(1)  The General Assembly declares that the repeals under

15

paragraphs (2) and (3) are necessary to effectuate the

16

purposes of this act.

17

(2)  The provisions of the act of June 13, 1967 (P.L.31, 

18

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

19

extent that they are inconsistent with this act.

20

(3)  Article XXII-A of the act of April 9, 1929 (P.L.177,

21

No.175), known as The Administrative Code of 1929, is

22

repealed.

23

(4)  All other acts and parts of acts are repealed

24

insofar as they are inconsistent with this act.

25

Section 20.  Effective date.

26

This act shall take effect as follows:

27

(1)  Sections 4(b)(9.1) and 8(a)(2) shall take effect

28

when final regulations regarding assisted living residences

29

pursuant to the act of July 25, 2007 (P.L.402, No.56),

30

entitled "'an act to consolidate, editorially revise, and

- 27 -

 


1

codify the public welfare laws of the Commonwealth,' further

2

providing for State plan for regulating and licensing

3

personal care homes, for Intra-Governmental Council on Long-

4

Term Care and for rules and regulations for personal care

5

homes and assisted living residences," are published by the

6

Department of Public Welfare in the Pennsylvania Bulletin.

7

(2)  The remainder of this act shall take effect July 1,

8

2009, or immediately, whichever is later.

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