PRINTER'S NO. 1987
No. 1630 Session of 2001
INTRODUCED BY SATHER, SCHULER, PISTELLA, ZIMMERMAN, ARMSTRONG,
SAMUELSON, WATSON, B. SMITH, GRUCELA, PALLONE AND YUDICHAK,
MAY 21, 2001
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 21, 2001
AN ACT
1 Providing for the training and certification of qualified
2 assessors of individuals needing long-term care services and
3 for the powers and duties of the Department of Aging.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Long-Term
8 Care Assessor Training and Certification Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Comprehensive assessment." A thorough review and analysis
14 of a consumer's functional status. The term includes a personal
15 history, assessment of physical and emotional health, ability to
16 carry out activities of daily living, informal supports,
17 environmental factors and cognitive functioning, including
1 immobility assessment.
2 "Comprehensive service plan." A plan developed to meet a
3 consumer's individual needs, as determined by a comprehensive
4 assessment and developed by an interdisciplinary team that
5 includes the consumer, the consumer's legal representatives and
6 the consumer's family member.
7 "Consumer." An individual needing long-term care services.
8 "Department." The Department of Aging of the Commonwealth.
9 "Long-term care services." Functionally necessary or
10 medically necessary diagnostic, preventive, therapeutic,
11 rehabilitative, maintenance or personal care services provided
12 in a setting other than an acute care unit of a hospital.
13 "Options program." The Long-Term Care Preadmission
14 Assessment Program and the Community Services for Nursing
15 Facility Eligibility Program administered by the Department of
16 Aging and operated by the local area agencies on aging.
17 "Qualified assessor." A person approved by the Department of
18 Aging as qualified to conduct assessments of consumers and
19 develop service plans based thereon. The term includes an
20 employee of an area agency on aging, an employee of a licensed
21 entity providing long-term care services or an independent
22 entity. The term does not include a hospital discharge planner
23 or other staff or employee of an insured's health or long-term
24 care insurance company.
25 Section 3. Duties of department.
26 (a) Development of qualified assessor program.--The
27 department shall develop a training and certification program
28 for qualified assessors. Only those qualified assessors trained
29 and certified by the department shall be permitted to conduct
30 assessments that identify the services a consumer requires and
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1 that serve as the basis for a comprehensive service plan. This
2 program shall be separate from the Options program. However,
3 nothing in this act shall preclude a qualified assessor from
4 eligibility to perform an Options program assessment.
5 (b) List of qualified assessors.--The department shall
6 develop and make available to the public a listing of qualified
7 assessors. The listing shall be updated at least monthly and
8 shall be available on the department's Internet World Wide Web
9 site and through the local area agencies on aging.
10 Section 4. Duties of qualified assessors.
11 (a) Certification required.--
12 (1) A qualified assessor shall certify that any
13 assessment the qualified assessor conducts is true and
14 correct to the best of that qualified assessor's knowledge
15 and skill.
16 (2) The department shall revoke the certification of any
17 qualified assessor who falsely certifies a need for services.
18 (b) Standardized screening instrument.--A qualified assessor
19 shall utilize a standardized screening instrument. The
20 instrument shall be developed by the Department of Public
21 Welfare, in cooperation with the department, the Department of
22 Health and the Intra-Governmental Council on Long-Term Care,
23 within six months of the effective date of this act.
24 Section 5. Rules and regulations.
25 The department shall work in cooperation with the Department
26 of Public Welfare, the Department of Health and the Intra-
27 Governmental Council on Long-Term Care to develop rules and
28 regulations to implement this act. Within six months of the
29 effective date of this act, the department shall promulgate
30 regulations to implement this act.
20010H1630B1987 - 3 -
1 Section 6. Effective date.
2 This act shall take effect in one year.
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