HOUSE AMENDED
PRIOR PRINTER'S NOS. 1460, 1920, 3110, PRINTER'S NO. 3949
3602, 3904
No. 1278 Session of 1987
INTRODUCED BY RICHARDSON, KUKOVICH, PISTELLA, DAWIDA, WIGGINS,
HUGHES, GLADECK AND HUTCHINSON, APRIL 29, 1987
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
NOVEMBER 30, 1988
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 homes and adding
5 penalties; establishing the Intra-Governmental Council on
6 Long-Term Care and providing for its powers and duties; and
7 further providing for regulations by the department.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 211 of the act of June 13, 1967 (P.L.31,
11 No.21), known as the Public Welfare Code, added July 10, 1980
12 (P.L.493, No.105), is amended to read:
13 Section 211. State Plan for Regulating and Licensing
14 Personal Care [Boarding] Homes.--(a) In accordance with the
15 statutory authority and responsibility vested in the department
16 to regulate nonprofit [boarding] homes for adults which provide
17 personal care and services and to license for profit personal
18 care [boarding] homes for adults, pursuant to Articles IX and X,
1 the department shall develop and implement a State plan for
2 regulating and licensing said facilities as defined by section
3 1001 of this act.
4 (b) In developing rules and regulations for the State plan,
5 the department shall:
6 (1) Distinguish between personal care homes serving less
7 than eight persons and personal care homes serving more than
8 eight persons.
9 (2) By July 1, 1981 adopt rules relating to the conduct of
10 owners and employes of personal care [boarding] homes relative
11 to the endorsement or delivery of public or private welfare,
12 pension or insurance checks by a resident of a personal care
13 [boarding] home.
14 (3) Not regulate or require the registration of boarding
15 homes which merely provide room, board and laundry services to
16 persons who do not need personal care [boarding] home services.
17 (c) Within three months following the effective date of this
18 act, the department shall submit to the General Assembly for
19 comment and review, and publish in the Pennsylvania Bulletin in
20 accordance with the provisions of the Commonwealth Documents Law
21 relating to the publication of regulations, a preliminary State
22 plan for regulating and licensing personal care [boarding]
23 homes.
24 (d) The preliminary plan shall include, but is not limited
25 to, the following:
26 (1) Coordination of the department's statutory
27 responsibilities with those of other State and local agencies
28 having statutory responsibilities relating to personal care
29 [boarding] homes, with particular attention given to the
30 Department of Labor and Industry, the Department of
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1 Environmental Resources, the Department of Aging and the
2 Pennsylvania Human Relations Commission. The Department of Labor
3 and Industry shall promulgate rules and regulations applicable
4 to personal care [boarding] homes on a Statewide basis
5 consistent with size distinctions set forth in subsection (b)
6 pertaining to construction and means of egress.
7 (2) Recommendations for changes in existing State law and
8 proposed legislation to:
9 (i) Resolve inconsistencies that hinder the department's
10 implementation of the State plan.
11 (ii) Promote the cost efficiency and effectiveness of
12 visitations and inspections.
13 (iii) Delegate to other State and local agencies
14 responsibility for visitations, inspections, referral, placement
15 and protection of adults residing in personal care [boarding]
16 homes.
17 (iv) Evaluate the State's fire and panic laws as applied to
18 personal care [boarding] homes.
19 (3) Recommendations for implementation of fire safety and
20 resident care standards relating to personal care [boarding]
21 homes by cities of the first class, second class and second
22 class A.
23 (4) A programmatic and fiscal impact statement regarding the
24 effect of the plan on existing residential programs for the
25 disabled, including but not limited to skilled nursing homes,
26 intermediate care facilities, domiciliary care homes, adult
27 foster care homes, community living arrangements for the
28 mentally retarded and group homes for the mentally ill and the
29 effect of the plan on recipients of Supplemental Security
30 Income.
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1 (5) Cost analysis of the entire plan and of all regulations
2 that will be proposed pursuant to the plan.
3 (6) Number of personnel at the State, regional and county
4 level required to inspect personal care [boarding] homes and
5 monitor and enforce final rules and regulations adopted by the
6 department.
7 (7) Process for relocating residents of personal care
8 [boarding] homes whose health and safety are in imminent danger.
9 (e) If the department deems that it is in the best interest
10 of the Commonwealth to develop a plan for implementation on a
11 phased basis, the department shall submit a detailed schedule of
12 the plan to the General Assembly which shall be part of the
13 preliminary State plan.
14 (f) Within six months of the effective date of this act, the
15 department shall adopt a final State plan which shall be
16 submitted and published in the same manner as the preliminary
17 plan.
18 (g) The final plan shall include the information required in
19 the preliminary plan and, in addition, the cost to operators of
20 personal care [boarding] homes for compliance with the
21 regulations.
22 (h) At no time may the department change, alter, amend or
23 modify the final State plan, except in emergency situations,
24 without first publishing such change in the Pennsylvania
25 Bulletin in accordance with the Commonwealth Documents Law
26 relating to publication of regulations and without first
27 submitting the proposed change to the General Assembly for
28 comment and review. In an emergency, the department may change,
29 alter, amend or modify the State plan without publishing the
30 change or submitting the change to the General Assembly; but,
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1 within thirty days, the department shall submit and publish the
2 change as otherwise required.
3 (i) The State plan shall not apply to any facility operated
4 by a religious organization for the care of clergymen or other
5 persons in a religious profession.
6 (j) Prior to January 1, 1985, department regulations shall
7 not apply to personal care [boarding] homes in which services
8 are integrated with, are under the same management as, and on
9 the same grounds as a skilled nursing or intermediate care
10 facility licensed for more than twenty-five beds and having an
11 average daily occupancy of more than fifteen beds. Prior to
12 January 1, 1985 the department may require registration of such
13 facilities and may visit such facilities for the purpose of
14 assisting residents and securing information regarding
15 facilities of this nature.
16 (k) Any regulations by the department relating to the
17 funding of residential care for the mentally ill or mentally
18 retarded adults and any regulations of the Department of Aging
19 relating to domiciliary care shall use as their base,
20 regulations established in accordance with this section.
21 Supplementary requirements otherwise authorized by law may be
22 added.
23 (l) After initial approval, personal care [boarding] homes
24 need not be visited or inspected annually; provided that the
25 department shall schedule inspections in accordance with a plan
26 that provides for the coverage of at least seventy-five percent
27 of the licensed personal care [boarding] homes every two years
28 and all homes shall be inspected at least once every three
29 years.
30 (m) Regulations specifically related to personal care homes
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1 or personal care [boarding] home services adopted prior to the
2 effective date of this act shall remain in effect until
3 superseded by a final plan adopted in accordance with this
4 section.
5 Section 2. The act is amended by adding sections to read:
6 Section 212. Intra-Governmental Council on Long-Term Care.--
7 (a) The General Assembly hereby establishes the Intra-
8 Governmental Council on Long-Term Care.
9 (b) The Intra-Governmental Council on Long-Term Care shall
10 be composed of and appointed in accordance with the following:
11 (1) The Secretary of Aging.
12 (2) The Secretary of Community Affairs.
13 (3) The Secretary of Health.
14 (4) The Secretary of Public Welfare.
15 (5) The Insurance Commissioner.
16 (6) Two members of the Senate, one appointed by the
17 President pro tempore and one by the Minority Leader.
18 (7) Two members of the House of Representatives, one
19 appointed by the Speaker of the House of Representatives and one
20 by the Minority Leader.
21 (8) One representative from the Pennsylvania Council on
22 Aging.
23 (9) One representative of the personal care home industry,
24 who shall be an owner or administrator of a licensed personal
25 care home, appointed by the Governor.
26 (10) Such other members of the public who represent special
27 needs populations, provider communities, business, labor and
28 consumers as the Governor shall appoint.
29 (c) The Secretary of Aging shall serve as chairperson.
30 (d) (1) The terms of the Secretary of Aging, the Secretary
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1 of Community Affairs, the Secretary of Health, the Secretary of
2 Public Welfare and the Insurance Commissioner shall be
3 concurrent with their holding of public office.
4 (2) The terms of the members of the Senate and the House of
5 Representatives shall be concurrent with the terms of the
6 appointing officer.
7 (3) Nongovernmental members shall be recommended by the
8 Secretary of Aging for appointment by the Governor and shall
9 serve until their successors are appointed.
10 (e) The Intra-Governmental Council on Long-Term Care shall
11 have the following powers and duties:
12 (1) To consult with the department and make recommendations
13 on regulations, licensure and any other responsibilities of the
14 department relating to personal care homes.
15 (2) To perform such other duties as the Governor may assign
16 in planning for long-term care services.
17 (f) The department, in developing rules and regulations for
18 licensure of personal care homes, shall take into consideration
19 the recommendations of the Intra-Governmental Council on Long-
20 Term Care.
21 Section 213. Personal Care Home Administrator.--(a) After
22 December 31, 1990, all personal care homes shall identify and
23 appoint a personal care home administrator or administrators who
24 meet the qualifications provided in this section.
25 (b) A personal care home administrator shall:
26 (1) be at least twenty-one years of age and be of good moral
27 character; and
28 (2) have knowledge, education and training in all of the
29 following:
30 (i) fire prevention and emergency planning;
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1 (ii) first aid, medications, medical terminology and
2 personal hygiene;
3 (iii) local, State and Federal laws and regulations;
4 (iv) nutrition, food handling and sanitation;
5 (v) recreation;
6 (vi) mental illness and gerontology;
7 (vii) community resources and social services;
8 (viii) staff supervision, budgeting, financial record
9 keeping and training; or
10 (3) be a licensed nursing home administrator. The department
11 may establish separate standards of knowledge and training for
12 licensed nursing home administrators who wish to operate a
13 personal care home.
14 (c) The department may promulgate regulations requiring
15 orientation and training for all direct care staff in a personal
16 care home.
17 (d) By June 1, 1989, the department shall by regulation
18 develop such standards for knowledge, education or training to
19 meet the standards of this section.
20 (e) If not otherwise available, the department shall
21 schedule, and offer at cost, training and educational programs
22 for a person to meet the knowledge, educational and training
23 requirements established by this act.
24 Section 3. Section 1001 of the act, amended July 10, 1980
25 (P.L.493, No.105), is amended to read:
26 Section 1001. Definitions.--As used in this article--
27 "Adult day care" means care given for part of the twenty-four
28 hour day to adults requiring assistance to meet personal needs
29 and who, because of physical or mental infirmity, cannot
30 themselves meet these needs, but who do not require nursing
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1 care.
2 "Adult day care center" means any premises operated for
3 profit, in which adult day care is simultaneously provided for
4 four or more adults who are not relatives of the operator.
5 "Boarding home for children" means any premises operated for
6 profit in which care is provided for a period exceeding twenty-
7 four hours for any child or children under sixteen years of age,
8 who are not relatives of the operator and who are not
9 accompanied by parent, individual standing in loco parentis or
10 legal guardian. The term shall not be construed to include any
11 such premises selected for care of such child or children by a
12 parent, individual standing in loco parentis or legal guardian
13 for a period of thirty days or less, nor any such premises
14 conducted under social service auspices.
15 "Case management" means, in consultation with and upon the <--
16 approval of the resident, to assist such resident in the
17 development and implementation of an individualized plan for
18 activities and services both within and outside the personal
19 care home.
20 "Child day care" means care in lieu of parental care given
21 for part of the twenty-four hour day to children under sixteen
22 years of age, away from their own homes, but does not include
23 child day care furnished in places of worship during religious
24 services.
25 "Child day care center" means any premises operated for
26 profit in which child day care is provided simultaneously for
27 seven or more children who are not relatives of the operator,
28 except such centers operated under social service auspices.
29 "Direct care staff" means a person who directly assists
30 residents with activities of daily living; provides services; or
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1 is otherwise responsible for the health, safety and welfare of
2 the residents.
3 "Facility" means an adult day care center, child day care
4 center, family day care home, boarding home for children, mental
5 health establishment, personal care home [for adults], nursing
6 home, hospital or maternity home, as defined herein, and shall
7 not include those operated by the State or Federal governments
8 or those supervised by the department.
9 "Hospital" means any premises, other than a mental health
10 establishment as defined herein, operated for profit, having an
11 organized medical staff and providing equipment and services
12 primarily for inpatient care for two or more individuals who
13 require definitive diagnosis and/or treatment for illness,
14 injury or other disability or during or after pregnancy, and
15 which also regularly makes available at least clinical
16 laboratory services, diagnostic X-ray services and definitive
17 clinical treatment services. The term shall include such
18 premises providing either diagnosis or treatment, or both, for
19 specific illnesses or conditions.
20 "Immobile person" means an individual who is unable to move
21 from one location to another or has difficulty in understanding
22 and carrying out instructions without the continued full
23 assistance of other persons, or is incapable of independently
24 operating a device such as a wheelchair, prosthesis, walker or
25 cane, to exit a building.
26 "Maternity home" means any premises operated for profit in
27 which, within a period of six months, any person receives more
28 than one woman or girl, not a relative of the operator, for care
29 during pregnancy or immediately after delivery.
30 "Mental health establishment" means any premises or part
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1 thereof, private or public, for the care of individuals who
2 require care because of mental illness, mental retardation or
3 inebriety but shall not be deemed to include the private home of
4 a person who is rendering such care to a relative.
5 "Nursing home" means any premises operated for profit in
6 which nursing care and related medical or other health services
7 are provided, for a period exceeding twenty-four hours, for two
8 or more individuals, who are not relatives of the operator, who
9 are not acutely ill and not in need of hospitalization, but who,
10 because of age, illness, disease, injury, convalescence or
11 physical or mental infirmity need such care.
12 "Person" means any individual, partnership, association or
13 corporation operating a facility.
14 "Personal care home [for adults]" means any premises in which
15 food, shelter and personal assistance or supervision are
16 provided for a period exceeding twenty-four hours for four or
17 more [than three] adults who are not relatives of the operator,
18 [and] who do not require the services in or of a licensed long-
19 term care facility but who do require assistance or supervision
20 in such matters as dressing, bathing, diet, financial
21 management, evacuation of a residence in the event of an
22 emergency or medication prescribed for self administration.
23 "Personal care home administrator" means an individual who is
24 charged with the general administration of a personal care home,
25 whether or not such individual has an ownership interest in the
26 home or his functions and duties are shared with other
27 individuals.
28 "Relative" means parent, child, stepparent, stepchild,
29 grandparent, grandchild, brother, sister, half brother, half
30 sister, aunt, uncle, niece, nephew.
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1 "Social service auspices" means any nonprofit agency
2 regularly engaged in the affording of child or adult care.
3 Section 4. Section 1006 of the act is amended to read:
4 Section 1006. Fees.--Annual licenses shall be issued when
5 the proper fee, if required, is received by the department and
6 all the other conditions prescribed [by] in this act are met.
7 For personal care homes, the fee shall be an application fee.
8 The fees shall be:
9 Facility Annual [License] Fee
10 Adult day care center $ 15
11 Mental health establishment 50
12 [Personal care home 10
13 Hospital 100
14 Nursing home--under 30 beds 15
15 --over 30 but under 50 beds 25
16 --50 but under 100 beds 50
17 --100 or more beds 75
18 Maternity home 15]
19 Personal care home-- 0 - 20 beds 15
20 -- 21 - 50 beds 20
21 -- 51 - 100 beds 30
22 --101 beds and above 50
23 No fee shall be required for the annual license in the case
24 of day care centers, family day care homes, boarding homes for
25 children or for public or nonprofit mental institutions.
26 Section 5. Section 1051 of the act, amended December 5, 1980
27 (P.L.1112, No.193), is amended to read:
28 Section 1051. Definition.--As used in this subarticle--
29 "Private institution" means any of the following facilities
30 by whatever term known and irrespective of the age group served:
19870H1278B3949 - 12 -
1 Mental hospital, institution for the mentally defective, day
2 care center, nursing home, hospital, [boarding home,] personal
3 care home, and other similar institution which is operated for
4 profit and which requires a license issued by the department.
5 Section 6. The act is amended by adding sections to read:
6 Section 1057.1. Appeals.--(a) An appeal from the decision
7 of the department relating to the licensure or revocation of a
8 personal care home shall not act as a supersedeas but, upon
9 cause shown and where circumstances require it, the reviewing
10 authority shall have the power to grant a supersedeas.
11 (b) If, without good cause, one or more Class I or Class II
12 violations remain uncorrected or when the home has demonstrated
13 a pattern of episodes of noncompliance alternating with
14 compliance over a period of at least two years such as would
15 convince a reasonable person that any correction of violations
16 would be unlikely to be maintained, the department may petition
17 the court to appoint a master designated as qualified by the
18 department to assume operation of the home at the home's expense
19 for a specified period of time or until all violations are
20 corrected and all applicable laws and regulations are complied
21 with.
22 Section 1057.2. Relocation.--(a) The department, in
23 conjunction with appropriate local authorities, shall relocate
24 residents from a personal care home if any of the following
25 conditions exist:
26 (1) The home is operating without a license.
27 (2) The licensee is voluntarily closing a home and
28 relocation is necessary for the health and welfare of the
29 resident or residents.
30 (b) The department shall offer relocation assistance to
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1 residents relocated under this section. Except in an emergency,
2 the resident shall be involved in planning his transfer to
3 another placement and shall have the right to choose among the
4 available alternative placements. The department may make
5 temporary placement until final placement can be arranged.
6 Residents shall be provided with an opportunity to visit
7 alternative placement before relocation or following temporary
8 emergency relocation. Residents shall choose their final
9 placement and shall be given assistance in transferring to such
10 place.
11 (c) Residents shall not be relocated pursuant to this
12 section if the secretary determines, in writing, that such
13 relocation is not in the best interest of the resident.
14 Section 1057.3. Rules and Regulations for Personal Care
15 Home.--(a) The rules and regulations for the licensing of
16 personal care homes promulgated by the department shall require
17 that:
18 (1) Prior to a resident's admission to a personal care home,
19 an initial standardized screening instrument be completed for
20 that resident by the personal care home provider or a human
21 service agency. Such standardized screening instrument shall be
22 developed by the department. This screening will be done to
23 determine that the potential resident does not require the
24 services in or of a long-term care facility or whether the
25 potential resident requires personal care services and, if so,
26 the nature of the services and supervision necessary.
27 (2) In addition to the screening, each resident receive a
28 complete medical examination by a physician prior to, or within
29 thirty days of, admission and that once admitted, each resident
30 receive a screening and medical evaluation at least annually.
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1 (3) A personal care administrator refer an applicant whose
2 needs cannot be met by a personal care home to an appropriate
3 assessment agency.
4 (4) Each resident be provided by the administrator with
5 notice of any Class I or Class II violations uncorrected after
6 five days.
7 (5) All residents sign a standard written admission
8 agreement which shall include the disclosure to each resident of
9 the actual rent and other charges for services provided by the
10 personal care home.
11 (6) For residents eligible for Supplemental Security Income
12 (SSI) benefits, actual rent and other charges not exceed the
13 resident's actual current monthly income reduced by a personal
14 needs allowance for the resident in an amount to be determined
15 by the department, but not less than twenty-five dollars ($25).
16 (7) A personal care home not seek or accept any payments
17 from a resident who is a Supplemental Security Income (SSI)
18 recipient in excess of one-half of any funds received by the
19 resident under the act of March 11, 1971 (P.L.104, No.3), known
20 as the "Senior Citizens Rebate and Assistance Act."
21 (8) A personal care home not seek or accept from a resident
22 who is eligible for Supplemental Security Income (SSI) benefits
23 any payment from any funds received as lump sum awards, gifts or
24 inheritances, gains from the sale of property, or retroactive
25 government benefits: Provided, however, That an owner or
26 operator may seek and accept payments from funds received as
27 retroactive awards of Social Security or Supplemental Security
28 Income (SSI) benefits, but only to the extent that the
29 retroactive awards cover periods of time during which the
30 resident actually resided in the personal care home.
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1 (9) Each resident who is a recipient of or an eligible
2 applicant for Supplemental Security Income (SSI) benefits be
3 provided, at no additional charge to the resident, necessary
4 personal hygiene items and personal laundry services. This
5 requirement does not include cosmetic items.
6 (10) All residents may leave and return to the personal care
7 home, receive visitors, have access to a telephone and mail and
8 participate in religious activities.
9 (11) Personal care home owners, administrators or employes
10 be prohibited from being assigned power of attorney or
11 guardianship for any resident.
12 (b) The department shall not prohibit immobile persons who
13 do not require the services of a licensed long-term care
14 facility, but who require personal care services, from residing
15 in a personal care home, provided that the design, construction,
16 staffing or operation of the personal care home allows for safe
17 emergency evacuation.
18 Section 7. Article X of the act is amended by adding a
19 subarticle to read:
20 ARTICLE X
21 DEPARTMENTAL POWERS AND DUTIES AS TO LICENSING
22 * * *
23 (d) Personal Care Home
24 Section 1085. Classification of Violations.--The department
25 shall classify each violation of its regulations on personal
26 care homes into one of the following categories:
27 (1) Class I. A violation which indicates a substantial
28 probability that death or serious mental or physical harm to any
29 resident may result.
30 (2) Class II. A violation which has a substantial adverse
19870H1278B3949 - 16 -
1 effect upon the health, safety or well-being of any resident.
2 (3) Class III. A minor violation which has an adverse
3 effect upon the health, safety or well-being of any resident.
4 Section 1086. Penalties.--(a) The department shall assess a
5 penalty for each violation of this subarticle or regulations of
6 the department. Penalties shall be assessed on a daily basis
7 from the date on which the citation was issued until the date
8 such violation is corrected except in the case of Class II
9 violations. In the case of Class II violations, assessment of a
10 penalty shall be suspended for a period of five days from the
11 date of citation provided that, except for good cause, the
12 provider has corrected the violation. If the violation has not
13 been corrected within the five-day period the fine shall be
14 retroactive to the date of citation.
15 (b) The department shall assess a penalty of twenty dollars
16 ($20) per resident per day for each Class I violation.
17 (c) The department shall assess a minimum penalty of five
18 dollars ($5) per resident per day up to a maximum of fifteen
19 dollars ($15) per resident per day for each Class II violation.
20 (d) There shall be no monetary penalty for Class III
21 violations unless the provider fails to correct the Class III
22 violation within fifteen days. Failure to correct the violation
23 within fifteen days may result in an assessment of up to three
24 dollars ($3) per resident per day for each Class III violation
25 retroactive to the date of the citation.
26 (e) A personal care home found to be operating without a
27 license shall be assessed a penalty of five hundred dollars
28 ($500). If, after fourteen days, a provider of a personal care
29 home cited for operating without a license fails to file an
30 application for a license, the department shall assess an
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1 additional twenty dollars ($20) for each resident for each day
2 in which the home fails to make such application.
3 (f) Any provider charged with violation of this act shall
4 have thirty days to pay the assessed penalty in full, or, if the
5 provider wishes to contest either the amount of the penalty or
6 the fact of the violation, the party shall forward the assessed
7 penalty not to exceed five hundred dollars ($500) to the
8 Secretary of Public Welfare for placement in an escrow account
9 with the State Treasurer. If, through administrative hearing or
10 judicial review of the proposed penalty, it is determined that
11 no violation occurred or that the amount of the penalty shall be
12 reduced, the secretary shall within thirty days remit the
13 appropriate amount to the provider with any interest accumulated
14 by the escrow deposit. Failure to forward the payment to the
15 secretary within thirty days shall result in a waiver of rights
16 to contest the fact of the violation or the amount of the
17 penalty. The amount assessed after administrative hearing or a
18 waiver of the administrative hearing shall be payable to the
19 Commonwealth of Pennsylvania and shall be collectible in any
20 manner provided by law for the collection of debts. If any
21 provider liable to pay such penalty neglects or refuses to pay
22 the same after demand, such failure to pay shall constitute a
23 judgment in favor of the Commonwealth in the amount of the
24 penalty, together with the interest and any costs that may
25 accrue.
26 (g) Money collected by the department under this section
27 shall be placed in a special restricted receipt account and
28 shall be first used to defray the expenses incurred by residents
29 relocated under this act. Any moneys remaining in this account
30 shall annually be remitted to the department for enforcing the
19870H1278B3949 - 18 -
1 provisions of this subarticle. Fines collected pursuant to this
2 act shall not be subject to the provisions of 42 Pa.C.S. § 3733
3 (relating to deposits into account).
4 (h) The department shall promulgate regulations necessary
5 for the implementation of this section in order to ensure
6 uniformity and consistency in the application of penalties.
7 Section 1087. Revocation or Nonrenewal of License.--(a) (1)
8 The department shall temporarily revoke the license of a
9 personal care home if without good cause one or more Class I
10 violations remain uncorrected twenty-four hours after the
11 personal care home has been cited for such violation or if
12 without good cause one or more Class II violations remain
13 uncorrected fifteen days after being cited for such violation.
14 (2) Upon the revocation of a license pursuant to this
15 subsection, all residents shall be relocated.
16 (3) The revocation may terminate upon the department's
17 determination that its violation is corrected.
18 (4) If, after three months, the department does not issue a
19 new license for a personal care home license revoked pursuant to
20 this section:
21 (i) Such revocation or nonrenewal pursuant to this section
22 shall be for a minimum period of five years.
23 (ii) No provider of a personal care home who has had a
24 license revoked or not renewed pursuant to this section shall be
25 allowed to operate or staff or hold an interest in a home that
26 applies for a license for a period of five years after such
27 revocation or nonrenewal.
28 (b) The department shall revoke or refuse to renew the
29 license of a personal care home if during any two-year period,
30 the home, without good cause, on two or more separate occasions,
19870H1278B3949 - 19 -
1 has been found to have violated a regulation of the department
2 which has been categorized as Class I.
3 (c) The power of the department to revoke or refuse to renew
4 or issue a license pursuant to this section is in addition to
5 the powers and duties of the department pursuant to section
6 1026.
7 Section 8. The Department of Labor and Industry, in
8 cooperation with the Department of Public Welfare, shall
9 evaluate the Commonwealth's fire and safety laws pertaining to
10 personal care homes and report back to the General Assembly and
11 the Intra-Governmental Council on Long-Term Care established by
12 this act regarding acceptable Statewide standards for fire
13 safety and building codes for personal care homes. This report
14 and recommendation shall be transmitted to the General Assembly
15 within one year 21 MONTHS from the date of final enactment of <--
16 this act.
17 Section 9. The Department of Public Welfare shall evaluate
18 the costs of providing personal care and the adequacy of the
19 personal needs allowance for personal care home residents and
20 report its findings to the Appropriations Committees of the
21 House of Representatives and of the Senate and to the Intra-
22 Governmental Council on Long-Term Care. This report and
23 recommendations shall be transmitted to the Appropriations
24 Committees of the House of Representatives and of the Senate and
25 to the Intra-Governmental Council on Long-Term Care within nine <--
26 21 months from the date of final enactment of this act. <--
27 Section 10. The department shall prepare an analysis of the
28 feasibility of using funds under the Social Security Act (Public
29 Law 74-271, 42 U.S.C. § 301 et seq.), including funds under the
30 Medicaid Section 2176 Waiver Program, to provide case management
19870H1278B3949 - 20 -
1 services. This analysis shall be transmitted to the
2 Appropriations Committees of the House of Representatives and of
3 the Senate and to the Intra-Governmental Council on Long-Term
4 Care within nine 21 months from the date of final enactment of <--
5 this act. AS USED IN THIS SECTION, CASE MANAGEMENT MEANS, IN <--
6 CONSULTATION WITH AND UPON THE APPROVAL OF THE RESIDENT, TO
7 ASSIST SUCH RESIDENT IN THE DEVELOPMENT AND IMPLEMENTATION OF AN
8 INDIVIDUALIZED PLAN FOR ACTIVITIES AND SERVICES BOTH WITHIN AND
9 OUTSIDE THE PERSONAL CARE HOME.
10 Section 11. This act shall take effect immediately.
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