PRIOR PRINTER'S NO. 419                       PRINTER'S NO. 2381

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 389 Session of 1985


        INTRODUCED BY FOX, NAHILL, TRUMAN, O'DONNELL, SHOWERS, WIGGINS,
           KASUNIC, HERSHEY, BRANDT, KENNEY, RICHARDSON, RAYMOND,
           ANGSTADT, BOWLEY, SAURMAN, WASS, ARGALL, WAMBACH, HAYES,
           CIMINI, FREIND, GLADECK, DORR, SEMMEL, CHADWICK, MANMILLER,
           POTT, CAWLEY, MOEHLMANN, PICCOLA, RUDY, GEIST, CARLSON,
           BORTNER, LEVDANSKY, FISCHER, GODSHALL, RIEGER, LAUGHLIN,
           J. L. WRIGHT, FARGO, MRKONIC, MACKOWSKI, WOGAN, MILLER,
           MARKOSEK, HERMAN, KOSINSKI, CIVERA, PERZEL, KUKOVICH, STAIRS,
           DEAL, BLAUM, CORNELL, BOWSER, MORRIS, ARTY, CESSAR, DISTLER,
           JOSEPHS, J. J. TAYLOR, BUNT, McHALE, BELARDI, DeLUCA, REBER,
           LASHINGER, HAGARTY, TRELLO, ITKIN, MICOZZIE, TIGUE, DURHAM,
           KENNEDY, McCLATCHY, PHILLIPS, STEVENS, O'BRIEN, FLICK,
           WOZNIAK, HOWLETT, PRESSMANN, JAROLIN, STEIGHNER, DAWIDA,
           PISTELLA, PUNT, BLACK, BUSH, D. W. SNYDER, HALUSKA, PETRARCA,
           FREEMAN, COLAFELLA, E. Z. TAYLOR, WILSON, SIRIANNI, TELEK,
           COHEN, LANGTRY, HASAY, GREENWOOD, CLYMER, EVANS, DeVERTER,
           COSLETT, GRUPPO, SWIFT, ACOSTA, BOOK, MOWERY, MAIALE, LINTON,
           VEON, NOYE, SCHEETZ, CARN, SWEET, VROON, JOHNSON, STABACK,
           HARPER AND RYBAK, FEBRUARY 13, 1985

        AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 28, 1985

                                     AN ACT

     1  Establishing a Senior Citizens Telephone Reassurance Program;
     2     providing for grants; imposing duties on the Department of
     3     Aging; and making an appropriation.

     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 Senior
     8  Citizens Telephone Reassurance Act.
     9  SECTION 2.  LEGISLATIVE INTENT.                                   <--


     1     IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ENCOURAGE AND
     2  PROMOTE THE ESTABLISHMENT OF NEW AND THE EXPANSION OF EXISTING
     3  SENIOR CITIZENS' TELEPHONE REASSURANCE PROGRAMS BY PROVIDING
     4  GRANTS TO AREA AGENCIES ON AGING BASED ON NEED.
     5  Section 2 3.  Definitions.                                        <--
     6     The following words and phrases when used in this act shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     "CASH CONTRIBUTION."  A CONTRIBUTION CONSISTING OF FUNDS.      <--
    10     "Department."  The Department of Aging of the Commonwealth.
    11     "IN KIND CONTRIBUTION."  A CONTRIBUTION CONSISTING OF          <--
    12  EXISTING RESOURCES, INCLUDING, BUT NOT LIMITED TO, VOLUNTEERS,
    13  BUILDINGS OR EQUIPMENT.
    14     "PARTICIPANT."  A SENIOR CITIZEN OR PERMANENTLY DISABLED
    15  PERSON, AS DEFINED BY THIS ACT, WHO IS ELIGIBLE FOR SERVICES
    16  PURSUANT TO THIS ACT.
    17     "PERMANENTLY DISABLED PERSON."  A PERSON 18 YEARS OF AGE OR
    18  OLDER WHO IS A RESIDENT OF THIS COMMONWEALTH AND WHO HAS MENTAL
    19  OR PHYSICAL LIMITATIONS, OR BOTH, WHICH RESTRICT THE ABILITY TO
    20  CARRY OUT ACTIVITIES OF DAILY LIVING.
    21     "Program."  The Senior Citizens Telephone Reassurance
    22  Program, as established by this act.
    23     "PROVIDER."  AN AREA AGENCY ON AGING OR A PUBLIC, PRIVATE OR   <--
    24  NONPROFIT ORGANIZATION OR AGENCY WHICH OPERATES A SENIOR
    25  CITIZENS' TELEPHONE REASSURANCE PROGRAM PURSUANT TO THIS ACT.
    26     "SENIOR CITIZEN."  A PERSON 60 YEARS OF AGE OR OLDER WHO IS A
    27  RESIDENT OF THIS COMMONWEALTH.
    28  Section 3 4.  Senior Citizens Telephone Reassurance Program.      <--
    29     (a)  Program created.--There is hereby created a Senior
    30  Citizens Telephone Reassurance Program. This program shall be
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     1  designed to provide and maintain MATCHING GRANTS TO AREA          <--
     2  AGENCIES ON AGING FOR THE ESTABLISHMENT OR OPERATION, OR BOTH,
     3  OF SENIOR CITIZENS' TELEPHONE REASSURANCE PROGRAMS FOR THE
     4  PURPOSE OF MAINTAINING a daily telephone contact via operators,
     5  volunteers whenever possible, with senior citizens and
     6  permanently disabled persons who live alone, and shall provide    <--
     7  annual matching grants to counties to implement the program. OR   <--
     8  WITH A SENIOR CITIZEN WHO LIVES WITH ONE OR MORE PERMANENTLY
     9  DISABLED PERSONS.
    10     (b)  Operation.--Unlisted phone lines, attended by operators,  <--
    11  shall be made available for program participants to make
    12  incoming calls on a daily basis, seven days a week, between
    13  hours to be established by the county and area agency on aging,
    14  to notify the operators that no difficulties are being
    15  experienced by the participants. If a call had not been received
    16  within the established hours, the operator shall be responsible
    17  to contact the participant by phone, through a neighbor or
    18  through dispatch to the local police, requesting that a safety
    19  reassurance visit be made to the residence of the participant to
    20  insure that the health and safety of the participant are intact.
    21  Section 3.  Operation and administration of program.
    22     (a)  Development and implementation.--The department shall
    23  develop and, through the area agencies on aging, in cooperation
    24  with counties, implement a program.
    25     (b)  Applications.--Grant application forms shall be
    26  developed by the department and distributed to all area agencies
    27  on aging. The area agency on aging shall, if necessary, assist
    28  the county applying for a matching grant under this act in
    29  completing the application. The area agency on aging shall
    30  forward the application to the department for its approval.
    19850H0389B2381                  - 3 -

     1     (c)  Eligibility.--Matching grants, not to exceed 50% of the
     2  costs incurred by the county and area agency on aging to
     3  implement this program, shall be made by the department to the
     4  area agency on aging for the applying county.
     5  Section 4.  Powers and duties of department.
     6     The powers and duties of the department shall be:
     7         (1)  To accept grants from the Federal Government and any
     8     other individual or entity for use in this program.
     9         (2)  To promulgate such rules, regulations and directives
    10     as it deems necessary to carry out the provisions of this
    11     act.
    12         (3)  To make grants to counties for the implementation of
    13     the program.
    14     (B)  OPERATION.--INDIVIDUAL TELEPHONE REASSURANCE PROGRAMS     <--
    15  SHALL BE OPERATED IN A MANNER THAT ENSURES DAILY CONTACT, DURING
    16  HOURS ESTABLISHED BY THE PROVIDER, BETWEEN THE PARTICIPANT AND
    17  THE PROVIDER AND THAT FURTHER ENSURES THAT, WHEN CONTACT IS NOT
    18  MADE WITH THE PARTICIPANT, CONTACT WILL BE MADE WITH AN
    19  ALTERNATE PERSON DESIGNATED BY THE PARTICIPANT, FOR THE PURPOSE
    20  OF VISITING THE PARTICIPANT'S RESIDENCE TO CONFIRM THE
    21  PARTICIPANT'S SAFETY. IN THE EVENT THE SAFETY OF THE PARTICIPANT
    22  IS NOT CONFIRMED, INDIVIDUAL TELEPHONE REASSURANCE PROGRAMS
    23  SHALL ENSURE THAT APPROPRIATE LAW ENFORCEMENT OR EMERGENCY
    24  MEDICAL SERVICE PERSONNEL ARE NOTIFIED. THE PROVIDER AT ALL
    25  TIMES SHALL RECEIVE INCOMING TELEPHONE CALLS MADE BY
    26  PARTICIPANTS, UNLESS ALTERNATE ARRANGEMENTS ARE MADE IN ADVANCE
    27  BETWEEN THE PROVIDER AND THE PARTICIPANT.
    28  SECTION 5.  ALLOCATION OF GRANTS.
    29     THE DEPARTMENT SHALL ALLOCATE FUNDS APPROPRIATED PURSUANT TO
    30  THIS ACT IN THE FORM OF MATCHING GRANTS ONLY TO THOSE AREA
    19850H0389B2381                  - 4 -

     1  AGENCIES ON AGING REQUESTING FUNDING. THE GRANTS SHALL MATCH THE
     2  TOTAL DOLLAR AMOUNT OF CASH CONTRIBUTIONS AND IN KIND
     3  CONTRIBUTION MADE BY THE PROVIDER. HOWEVER, NO GRANT SHALL
     4  EXCEED THE AREA AGENCY ON AGING'S STANDARD ALLOCATION DETERMINED
     5  IN ACCORDANCE WITH THE DEPARTMENT'S ALLOCATION FORMULA AS
     6  OUTLINED IN THE STATE PLAN DEVELOPED PURSUANT TO SECTION 2210-
     7  A(A) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
     8  ADMINISTRATIVE CODE OF 1929, AND THE OLDER AMERICANS ACT OF 1965
     9  (42 U.S.C. § 3001, ET SEQ.).
    10  SECTION 6.  POWERS AND DUTIES OF AREA AGENCIES ON AGING.
    11     (A)  SERVICE PROVIDER SELECTION.--AREA AGENCIES ON AGING MAY
    12  PROVIDE SERVICES DIRECTLY OR ENTER INTO AN AGREEMENT WITH A
    13  PUBLIC, PRIVATE OR NONPROFIT ORGANIZATION OR AGENCY FOR THE
    14  PROVISION OF SERVICES.
    15     (B)  ALREADY EXISTING PROGRAM.--IN THE EVENT SENIOR CITIZENS'
    16  TELEPHONE REASSURANCE SERVICES ARE CURRENTLY BEING PROVIDED IN
    17  THE PLANNING AND SERVICE AREA OF AN AREA AGENCY ON AGING
    18  RECEIVING FUNDS PURSUANT TO THIS ACT, THE AREA AGENCY ON AGING
    19  SHALL GIVE PREFERENCE TO THE PROVIDER OF THESE SERVICES WHEN
    20  MAKING A DETERMINATION AS TO THE PROVISION OF SERVICES.
    21     (C)  VOLUNTEERS.--AREA AGENCIES ON AGING SHALL PROMOTE THE
    22  USE OF VOLUNTEERS WHENEVER POSSIBLE.
    23     (D)  PROGRAM PROMOTION.--AREA AGENCIES ON AGING SHALL PROMOTE
    24  THE PROVISION OF OUTREACH SERVICES THROUGH TELEPHONE REASSURANCE
    25  PROGRAMS WHENEVER POSSIBLE.
    26  SECTION 7.  POWERS AND DUTIES OF THE DEPARTMENT.
    27     (A)  VOLUNTEER GUIDELINES.--THE DEPARTMENT SHALL ESTABLISH
    28  GUIDELINES FOR USE AS A MODEL FOR THE TRAINING OF VOLUNTEERS
    29  WORKING IN SENIOR CITIZENS' TELEPHONE PROGRAMS.
    30     (B)  PROGRAM RULES AND REGULATIONS.--THE DEPARTMENT SHALL
    19850H0389B2381                  - 5 -

     1  HAVE THE POWER TO PROMULGATE THE RULES AND REGULATIONS NECESSARY
     2  TO CARRY OUT THE PROVISIONS OF THIS ACT.
     3  SECTION 8.  ELIGIBILITY.
     4     ONLY THOSE SENIOR CITIZENS AND PERMANENTLY DISABLED PERSONS
     5  WHO LIVE ALONE OR A SENIOR CITIZEN WHO LIVES WITH ONE OR MORE
     6  PERMANENTLY DISABLED PERSONS SHALL BE ELIGIBLE FOR SERVICES
     7  PROVIDED THROUGH THIS ACT.
     8  SECTION 9.  SERVICES NOT MANDATED.
     9     IN NO WAY SHALL THIS ACT BE INTERPRETED AS A MANDATE FOR THE
    10  PROVISION OF TELEPHONE REASSURANCE BY THE AREA AGENCIES ON
    11  AGING.
    12  Section 5 10.  Appropriation.                                     <--
    13     The sum of $1,000,000, is hereby appropriated from the State
    14  Lottery Fund to the Department of Aging for the fiscal year
    15  1985-1986 for the Senior Citizens Telephone Reassurance Program.
    16  Funding for this program shall be considered an eligible use for
    17  lottery funds as provided for under the act of August 26, 1971
    18  (P.L.351, No.91), known as the State Lottery Law.
    19  Section 6 11.  Effective date.                                    <--
    20     This act shall take effect immediately IN 90 DAYS.             <--







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