PRIOR PRINTER'S NO. 1247 PRINTER'S NO. 1524
No. 1099 Session of 1999
INTRODUCED BY SCHULER, BAKER, PISTELLA, FICHTER, STABACK, ARMSTRONG, GEIST, SEYFERT, SAYLOR, BARD, M. COHEN, ROSS, ORIE, GODSHALL, MELIO, TRELLO, CORRIGAN, ROEBUCK, RUBLEY, SATHER, MUNDY, HALUSKA, BARRAR, ZIMMERMAN, ROONEY, JOSEPHS, FRANKEL, TIGUE, ROBERTS, HERSHEY, TRUE, HARHART, FREEMAN, LYNCH, HERMAN, SHANER, SEMMEL, LAUGHLIN, MANDERINO, MYERS, E. Z. TAYLOR, BISHOP, YOUNGBLOOD, WILLIAMS, BELFANTI, STERN, MARSICO, CIVERA, BROWNE, STEELMAN, DAILEY, HENNESSEY, HESS, THOMAS, J. TAYLOR, R. MILLER, FLICK, COLAFELLA, SNYDER, L. I. COHEN, COSTA AND SAMUELSON, MARCH 25, 1999
AS REPORTED FROM COMMITTEE ON AGING AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 19, 1999
AN ACT 1 Directing the Department of Aging to develop a study and to 2 submit a plan to eliminate the waiting list for persons in 3 need of home and community-based long-term care services. 4 General Assembly finds and declares as follows: 5 (1) There are approximately 10,500 persons in this 6 Commonwealth on the area agency on aging waiting list for 7 services. 8 (2) Due to low unemployment and low wages in home care, 9 many communities cannot find staff to serve clients. 10 (3) From 1990 to the year 2000, it is projected that the 11 number of persons who are 65 years of age and older and who 12 receive home health services will increase by 13%, and that 13 for persons who are 85 years of age and older, a 39% increase 14 is projected.
1 (4) The Department of Aging must develop a plan for the 2 manner in which these persons can gain quicker access to the 3 services they need in order to stay in their homes and the 4 community and, thereby, avoid the need for cost-intensive 5 nursing facility care. 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 Area Agency 10 on Aging Services Waiting List 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 "Council." The Intra-Governmental Council on Long-Term Care, 16 as established in accordance with the act of June 13, 1967 17 (P.L.31, No.21), known as the Public Welfare Code. 18 "Department." The Department of Aging of the Commonwealth. 19 Section 3. Waiting list study. 20 (a) General rule.--The Department of Aging shall direct and 21 oversee a study by the council to determine the extent of the 22 existence, Statewide, of waiting lists for services at the local 23 area agencies on aging. 24 (b) Contents of study.--The study shall include, but not be 25 limited to: 26 (1) A review of each area agency on aging in order to 27 identify the types of services for which individuals are 28 waiting. 29 (2) Statistical information on any current waiting lists 30 and projected increases in waiting lists at the local level. 19990H1099B1524 - 2 -
1 (3) The average length of time that individuals remain 2 on the list prior to receiving services. 3 (4) A snapshot profile of the provider community that 4 exists in order to support the service needs identified. 5 (5) Financial information on the amount of additional 6 Federal, State or other funds that may be required annually 7 for the operational costs associated with the elimination of 8 waiting lists. 9 (6) A VALID RANDOM SAMPLE SURVEY OF PERSONS ON WAITING <-- 10 LISTS TO DETERMINE SELF-REPORTED SEVERITY OF NEED, 11 AVAILABILITY OF INFORMAL CAREGIVERS, APPROXIMATE INCOME, 12 APPROXIMATE ASSETS AND WILLINGNESS TO PARTICIPATE IN COST- 13 SHARING APPROACHES OR MEDICAL ASSISTANCE ESTATE RECOVERY TO 14 HELP DEFRAY THE COST OF SERVICES. 15 (c) Report to department.--The council shall report the 16 results of the study to the department no later than one year 17 from the effective date of this act. 18 Section 4. Waiting list plan. 19 (a) Development of plan by department.--The department shall 20 develop and submit to the Governor and the Aging and Youth 21 Committee of the Senate and the Aging and Youth Committee of the 22 House of Representatives, within one year from receipt of the 23 study, a plan to eliminate current and future waiting lists for 24 persons in need of home and community-based long-term care 25 services through local area agencies on aging. 26 (b) Contents of plan.--The plan shall include, but not be 27 limited to: 28 (1) Statistical information on the current and projected 29 increase in the waiting list. 30 (2) Financial information on the amount of Federal, 19990H1099B1524 - 3 -
1 State or other funds that may be required annually for the 2 operational costs associated with the elimination of the 3 waiting list for home and community-based services. 4 (3) An analysis of the impact and feasibility of 5 incorporating cost sharing into the funding of home and 6 community-based services through the area agencies on aging. 7 (4) Information regarding the types of services for 8 which individuals are waiting. 9 Section 5. Public hearings and comment. 10 In the development of the plan required by this act, the 11 department shall conduct public hearings and obtain public 12 comment from persons in need of home and community-based long- 13 term care services, their families, guardians and providers of 14 home and community-based long-term care services. 15 Section 6. Annual submission of updated plan. 16 The department shall update the statistical and financial 17 data to the plan required by this act annually and shall submit 18 the updated plan to the Governor and the Aging and Youth 19 Committee of the Senate and the Aging and Youth Committee of the 20 House of Representatives on or before December 31 of each year. 21 Section 7. Effective date. 22 This act shall take effect in 60 days. C9L35DMS/19990H1099B1524 - 4 -