PRIOR PRINTER'S NO. 3078 PRINTER'S NO. 3593
No. 2161 Session of 2008
INTRODUCED BY BOBACK, MUNDY, HENNESSEY, CAUSER, GINGRICH, WATSON, QUINN, SWANGER, VULAKOVICH, PASHINSKI, SHIMKUS, CARROLL, FREEMAN, GABIG, GOODMAN, HALUSKA, HELM, KORTZ, KULA, LEACH, MAJOR, MILLARD, MOYER, MURT, M. O'BRIEN, O'NEILL, PEIFER, PICKETT, RUBLEY, SAYLOR, SCHRODER, SIPTROTH, STERN, WANSACZ, YOUNGBLOOD, YUDICHAK, SCAVELLO AND K. SMITH, JANUARY 14, 2008
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 9, 2008
AN ACT
1 Requiring certain long-term care facilities to coordinate with
2 licensing agencies and local area agencies on aging to
3 provide assistance to consumers in circumstances involving
4 relocation of consumers; and providing for powers and duties
5 of the Department of Aging.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Long-Term
10 Consumer Care CARE CONSUMER Relocation Coordination Act. <--
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Area agency on aging" or "AAA." The single local agency
16 designated by the department within each planning and service
1 area to administer the delivery of a comprehensive and 2 coordinated plan of social and other services and activities in 3 the planning and service area. 4 "Consumer." A person who receives services in a facility. 5 "Department." The Department of Aging of the Commonwealth. 6 "Designated person." An individual who may be chosen by a 7 consumer and documented in the consumer's record, to be notified 8 in case of an emergency, termination of service, facility 9 closure or other situations as indicated by the consumer or as 10 required by law or regulation. The term includes a consumer's 11 legal representative or an advocate. 12 "Facility." Any of the following: 13 (1) A home that provides domiciliary care as defined in 14 section 2202-A of the act of April 9, 1929 (P.L.177, No.175), 15 known as The Administrative Code of 1929. 16 (2) A personal care home or an assisted living residence 17 as defined in section 1001 of the act of June 13, 1967 18 (P.L.31, No.21), known as the Public Welfare Code. 19 (3) A long-term care nursing facility as defined in 20 section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 21 known as the Health Care Facilities Act. 22 "Licensing agency." In the case of: 23 (1) A domiciliary care home, the Department of Aging. 24 (2) A long-term care nursing facility, the Department of 25 Health. 26 (3) A personal care home or an assisted living 27 residence, the Department of Public Welfare. 28 "Long-term care ombudsman" or "ombudsman." An agent of the 29 Department of Aging, who pursuant to section 2203-A of the act 30 of April 9, 1929 (P.L.177, No.175), known as The Administrative 20080H2161B3593 - 2 -
1 Code of 1929, investigates and seeks to resolve complaints made
2 by or on behalf of older individuals who are consumers of
3 facilities, which complaints may relate to action, inaction or
4 decisions of facilities, public agencies or of social agencies
5 or their representatives, and which may adversely affect the
6 health, safety, welfare, interests, preferences or rights of
7 consumers.
8 "Relocation." The transfer of a consumer from one facility
9 to another OR DISCHARGE OF A CONSUMER FROM A FACILITY TO ANOTHER <--
10 SETTING.
11 Section 3. Coordination efforts in relocation situations.
12 (a) General rule.--Other than situations described in
13 subsection (b), at least 30 days prior to relocation of a
14 consumer, a facility shall provide a written notice to the
15 consumer and the consumer's designated person and shall notify
16 the appropriate licensing agency and both the area agency on
17 aging within their designated area and the area agency on aging
18 within the designated area of the facility to which the consumer
19 is being relocated.
20 (b) Exception.--Prior to a relocation situation involving <--
21 (B) EXCEPTIONS.-- <--
22 (1) PRIOR TO A RELOCATION SITUATION INVOLVING the
23 imminent removal of a consumer in order to ensure the
24 consumer's health and safety, a facility shall notify the
25 consumer and the consumer's designated person and shall
26 contact the appropriate licensing agency and both the area
27 agency on aging within their designated area and the area
28 agency on aging within the designated area of the facility to
29 which the consumer is being relocated.
30 (2) WHEN A RELOCATION IS AT THE REQUEST OF A CONSUMER OR <--
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1 THE CONSUMER'S DESIGNATED PERSON AND EITHER OF THEM HAS 2 PROVIDED NOTICE TO THE FACILITY, THE 30-DAY NOTICE SHALL BE 3 WAIVED. 4 (c) Administrative cooperation.--When a relocation occurs, 5 the affected facilities, licensing agencies and local area 6 agencies on aging shall: 7 (1) Coordinate efforts to ensure the protection of the 8 health and safety of the consumer and ensure smooth 9 relocation for each consumer at the facility. 10 (2) Share relevant information concerning the consumer 11 and the relocation plans and process, including, but not 12 limited to, conducting site visits for alternative placement. 13 (3) Cooperate in order to ensure that any other agencies 14 that may serve certain specific populations, including, but 15 not limited to, mental health, mental retardation and 16 Department of Veterans' Affairs VETERANS' AFFAIRS, shall be <-- 17 included in the relocation process, as appropriate. 18 (4) (i) Coordinate the relocation process so that 19 consumer relocation occurs only between the hours of 7:00 20 a.m. and 7:00 p.m. 21 (ii) Subparagraph (i) shall not apply in emergency 22 situations where consumers must be relocated in order to 23 ensure their health and safety. 24 (d) Long-term care ombudsman duty DUTIES.-- <-- 25 (1) The local ombudsman shall ensure that a consumer 26 and, if appropriate, the consumer's designated person, acting 27 within the scope of that person's authority, is involved in 28 planning such transfers and is afforded the right to choose 29 among the available alternative placements. 30 (2) THE OMBUDSMAN SHALL ALSO ASSIST CONSUMERS WHO ARE 60 <-- 20080H2161B3593 - 4 -
1 YEARS OF AGE AND OLDER AND SHALL REFER CONSUMERS, REGARDLESS 2 OF AGE, TO APPROPRIATE SOCIAL SERVICE AGENCIES. 3 (2) (3) Nothing in this act shall be construed to <-- 4 preclude the right of a licensing agency to make temporary 5 placement until final placement can be arranged. 6 (e) Record of relocation incident.-- 7 (1) An AAA shall maintain a record of each relocation 8 incident in which the local ombudsman is involved and shall, 9 upon request, share that information with the licensing 10 agency, the department and, to the extent that release of 11 that information is relevant to an investigation of criminal 12 activity, law enforcement officials. 13 (2) The department shall provide technical assistance 14 and guidance to the local ombudsman to ensure that laws and 15 regulations regarding confidentiality of information are 16 strictly adhered to. 17 Section 4. Enforcement. 18 (a) Appropriate licensing agencies.--In a relocation, the 19 appropriate licensing agency shall take a lead role and shall TO <-- 20 ensure that facilities involved in the relocation comply with 21 the provisions of this act as a condition of licensure. 22 (b) Department.--The department shall ensure that the local 23 ombudsman in AND each area agency on aging complies with the <-- 24 provisions of this act. 25 (c) Promulgation of regulations.--The department shall work 26 in consultation with the Department of Health and the Department 27 of Public Welfare to develop rules and regulations to implement 28 this act, including sanctions to be imposed for noncompliance. 29 Section 5. Effective date. 30 This act shall take effect in 180 days. L20L35DMS/20080H2161B3593 - 5 -