PRINTER'S NO. 2513
No. 1897 Session of 1985
INTRODUCED BY FEE, LAUGHLIN, DALEY, JOHNSON, DOMBROWSKI,
HALUSKA, BELFANTI, BARBER, JAROLIN, PRESTON, FATTAH, VEON,
GANNON, MORRIS, PISTELLA, BATTISTO, D. R. WRIGHT, LINTON,
COLAFELLA, HARPER, FOX AND BURD, NOVEMBER 20, 1985
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, NOVEMBER 20, 1985
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for the
4 licensing and regulation of personal care boarding homes;
5 imposing additional powers and duties on the department; and
6 further classifying and increasing certain violations and
7 penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definitions of "facility" and "personal care
11 home for adults" in section 1001 of the act of June 13, 1967
12 (P.L.31, No.21), known as the Public Welfare Code, amended July
13 10, 1980 (P.L.493, No.105), are amended and a definition is
14 added to read:
15 Section 1001. Definitions.--As used in this article--
16 * * *
17 "Facility" means an adult day care center, child day care
18 center, family day care home, boarding home for children, mental
19 health establishment, personal care [home for adults] boarding
1 home, nursing home, hospital or maternity home, as defined
2 herein, and shall not include those operated by the State or
3 Federal governments or those supervised by the department.
4 * * *
5 "Office" means the Personal Care Boarding Home Office
6 established in section 1002.1.
7 * * *
8 "Personal care [home for adults" means any premises in which
9 food, shelter and personal assistance or supervision are
10 provided for a period exceeding twenty-four hours for more than
11 three adults who are not relatives of the operator and who
12 require assistance or supervision in such matters as dressing,
13 bathing, diet or medication prescribed for self administration.]
14 boarding home" means any premises in which food and shelter are
15 provided for a period exceeding 24 consecutive hours for two or
16 more adults who are not relatives of the operator and who
17 require personal care services, including assistance or
18 supervision in such matters as dressing, bathing, diet or
19 medication prescribed for self-administration, or for financial
20 management. Any State or county agency, for the purpose of
21 determining whether a premises is a personal care boarding home
22 [for adults], shall have the power to determine if a person
23 requires personal care services.
24 * * *
25 Section 2. The act is amended by adding sections to read:
26 Section 1002.1. Personal Care Boarding Home Office.--(a)
27 There is hereby established in the department an office to be
28 known as the Personal Care Boarding Home Office.
29 (b) The office shall have the following powers and duties:
30 (1) License and regulate all personal care boarding homes.
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1 (2) Promulgate all rules and regulations necessary for the
2 licensing and regulation of personal care boarding homes.
3 (3) Fix fees, establish forms and prescribe and impose civil
4 penalties and such other sanctions as are necessary to regulate
5 personal care boarding homes.
6 (4) Do all things necessary to implement and administer the
7 provisions of this act insofar as it relates to personal care
8 boarding homes.
9 Section 1002.2. Personal Care Boarding Home Advisory
10 Board.--(a) There is established an administrative advisory
11 board to be known as the Personal Care Boarding Home Advisory
12 Board which shall advise the office on matters relating to the
13 licensure and regulation of all personal care boarding homes.
14 (b) The board shall be composed of the following seven
15 members:
16 (1) The Secretary of Health, or a designee.
17 (2) Two owners or operators of personal care boarding homes
18 appointed by the Governor.
19 (3) Two members of the public to represent residents of
20 personal care boarding homes, appointed by the Governor.
21 (4) One member of the House of Representatives appointed by
22 the Speaker of the House of Representatives.
23 (5) One member of the Senate appointed by the President pro
24 tempore of the Senate.
25 (c) (1) The terms of the members appointed by the Governor
26 shall be four years with the initial appointees to serve for two
27 years and four years respectively as designated by the Governor.
28 (2) The Secretary of Health shall serve concurrent with the
29 term of office.
30 (3) Members of the General Assembly shall serve a term
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1 concurrent with their elected positions.
2 (d) Members shall be eligible for reappointment. Any vacancy
3 shall be filled by the appointing power for the unexpired term
4 of office.
5 (e) All members of the board shall be entitled to reasonable
6 expenses incurred in the performance of their duties as fixed by
7 the Executive Board. Members appointed by the Governor shall be
8 entitled to a per diem allowance as fixed by the Executive
9 Board.
10 (f) The board shall annually elect a chairperson, a vice
11 chairperson and a secretary. The board shall reorganize in
12 January of each year and shall meet at least quarterly and at
13 such other times as the chairperson deems necessary.
14 (g) Four members of the board shall constitute a quorum for
15 conducting the business of the board.
16 Section 3. Sections 1006 and 1031 of the act are amended to
17 read:
18 Section 1006. Fees.--Annual licenses shall be issued when
19 the proper fee, if required, is received by the department and
20 all the other conditions prescribed by this act are met. The
21 fees shall be:
22 Facility Annual License Fee
23 Adult day care center $ 15
24 Mental health establishment 50
25 Personal care boarding home [10] 50
26 Hospital 100
27 Nursing home--under 30 beds 15
28 --over 30 but under 50 beds 25
29 --50 but under 100 beds 50
30 --100 or more beds 75
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1 Maternity home 15
2 No fee shall be required for the annual license in the case
3 of day care centers, family day care homes, boarding homes for
4 children or for public or nonprofit mental institutions.
5 Section 1031. Violation; Penalty.--Any person operating a
6 facility within this Commonwealth without a license required by
7 this act, shall upon conviction thereof in a summary proceeding
8 be sentenced to pay a fine of not less than twenty-five dollars
9 ($25) nor more than three hundred dollars ($300) for a facility
10 other than a personal care boarding home and a fine of not less
11 than one hundred dollars ($100) nor more than five hundred
12 dollars ($500) for a personal care boarding home, and costs of
13 prosecution, and in default of the payment thereof to undergo
14 imprisonment for not less than ten days nor more than thirty
15 days. Each day of operating a facility without a license
16 required by this act shall constitute a separate offense.
17 Section 4. Section 1051 of the act, amended December 5, 1980
18 (P.L.1112, No.193), is amended to read:
19 Section 1051. Definition.--As used in this subarticle--
20 "Private institution" means any of the following facilities
21 by whatever term known and irrespective of the age group served:
22 Mental hospital, institution for the mentally defective, day
23 care center, nursing home, hospital, boarding home, personal
24 care boarding home, and other similar institution which is
25 operated for profit and which requires a license issued by the
26 department.
27 Section 5. The act is amended by adding sections to read:
28 Section 1052.1. Classification of Violations for Personal
29 Care Boarding Homes.--The office shall classify each violation
30 of its regulations on personal care boarding homes or any
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1 violation of the rules and regulations of any other State agency
2 or local ordinance or regulation into one of the following
3 categories:
4 (1) Class I. A violation which indicates a substantial
5 probability that death or serious mental or physical harm to any
6 resident will result.
7 (2) Class II. A violation which has an adverse effect upon
8 the health, safety or well-being of any resident.
9 (3) Class III. A de minimus violation which has no adverse
10 effect upon the health, safety or well-being of any resident.
11 Section 1052.2. Additional Penalties.--(a) The office shall
12 assess a penalty for each violation of the regulations of the
13 office. Penalties shall be assessed on a daily basis from the
14 date on which a citation was issued until the date such
15 violation is corrected. The penalty for the violation shall be
16 as follows:
17 (1) Class I violation. The office shall assess a penalty of
18 $20 per resident per day for each Class I violation.
19 (2) Class II violation. The office shall assess a penalty
20 of $5 per resident per day for each Class II violation.
21 (3) Class III violation. There shall be no monetary penalty
22 for Class III violations.
23 (4) Triple penalty. A personal care boarding home which has
24 been found to have violated the same regulation or provision of
25 this article within any two-year period shall be subject to a
26 penalty triple the amount provided in this section.
27 (b) Money collected by the office under this section shall
28 be placed in a special restricted receipt account and shall be
29 first used to defray the expenses incurred by residents
30 relocated under section 1052.4. Any moneys remaining in this
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1 account shall annually be remitted to the office for enforcing
2 the provisions of this chapter.
3 Section 1052.3. Revocation or Nonrenewal of Licenses for
4 Personal Care Boarding Homes.--(a) (1) The office shall
5 temporarily revoke the license of a personal care boarding home
6 if, without good cause, one or more Class I violations remain
7 uncorrected 24 hours after the personal care boarding home has
8 been cited for such violation or if, without good cause, one or
9 more Class II violations remain uncorrected 15 days after the
10 home has been cited for such violation.
11 (2) Upon the revocation of a license pursuant to this
12 subsection, all residents shall be relocated.
13 (3) The revocation shall terminate upon the office's
14 determination that its violation is corrected.
15 (4) If after three months, the violations remain
16 uncorrected, the license of the personal care boarding home
17 shall be permanently revoked.
18 (b) The office shall revoke or refuse to renew the license
19 of a personal care boarding home for adults if during any two-
20 year period, the home, on three or more separate occasions, has
21 been found to have violated a regulation of the board which has
22 been categorized as Class I.
23 (c) The power of the office to revoke or refuse to renew or
24 issue a license pursuant to this section is in addition to the
25 powers and duties of the office pursuant to section 1052.4.
26 (d) Any licenses revoked or not renewed pursuant to this
27 section shall be for a minimum period of five years.
28 (e) No provider of a personal care boarding home for adults
29 who has had a license revoked or not renewed pursuant to this
30 section shall be allowed to operate or staff or hold an interest
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1 in a facility that applies for a license for a period of five
2 years after such revocation or nonrenewal.
3 Section 1052.4. Relocation of residents.--(a) The office,
4 in cooperation with appropriate local authorities, shall
5 relocate residents from a personal care boarding home for adults
6 if any of the following conditions exist:
7 (1) One or more Class I violations remain uncorrected 24
8 hours after the personal care boarding home has been cited for
9 such violation.
10 (2) One or more Class II violations remain uncorrected 15
11 days after the personal care boarding home has been cited for
12 such violations.
13 (3) The home is operating without a license.
14 (4) The licensee is voluntarily closing a home and
15 relocation is necessary for the health and welfare of the
16 resident or residents.
17 (b) The office, in cooperation with local agencies, shall
18 offer relocation assistance to residents relocated under this
19 section. A resident shall be provided written notice of the
20 relocation and shall be involved in planning his transfer to
21 another placement and shall have the right to choose among the
22 available alternative placements, except that if an emergency
23 situation makes prior resident involvement impossible, the
24 agency, in cooperation with appropriate local authorities, may
25 make a temporary placement until a final placement can be
26 arranged. Residents shall be provided with an opportunity to
27 visit alternatives before relocation or following temporary
28 emergency relocation. Residents may choose their final
29 alternative placement and shall be given assistance in
30 transferring to such place.
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1 Section 6. The Department of Public Welfare and the Personal
2 Care Boarding Home Office shall promulgate regulations relating
3 to the determination of Class I, II and III violations no later
4 than January 1, 1987.
5 Section 7. This act shall take effect January 1, 1986, or
6 immediately, whichever is later.
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