SENATE AMENDED
PRIOR PRINTER'S NOS. 1247, 1524, 1763, PRINTER'S NO. 3504
1988, 3222, 3297
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, SAMUELSON, TRICH AND RAMOS,
MARCH 25, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 8, 2000
AN ACT
1 Directing the Department of Aging and the Department of Public <--
2 Welfare to develop a study and to submit a proposed course of
3 action to address the issue of TO CONDUCT A STUDY OF AREA <--
4 AGENCIES ON AGING CONCERNING waiting lists for persons in
5 need of LOTTERY-FUNDED SERVICES, INCLUDING, BUT NOT LIMITED <--
6 TO, home and community-based long-term care services.
7 The General Assembly finds and declares as follows: <--
8 (1) There are approximately 10,500 persons in this
9 Commonwealth on the area agency on aging waiting list for
10 services.
11 (2) Due to many economic factors, including, but not
12 limited to, low unemployment and low wages in home care, many
13 communities cannot find staff to serve clients.
14 (3) From 1990 to the year 2000, it is projected that the
1 number of persons who are 65 years of age and older and who
2 receive home health services will increase by 13%, and that
3 for persons who are 85 years of age and older, a 39% increase
4 is projected.
5 (4) The Department of Aging and the Department of Public
6 Welfare shall develop a proposed course of action for the
7 manner in which these persons can gain quicker access to the
8 services they need in order to stay in their homes and the
9 community and, thereby, avoid the need for cost-intensive
10 nursing facility care.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Area Agency
15 on Aging Services Waiting List Act.
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Council." The Intra-Governmental Council on Long-Term Care, <--
21 as established in accordance with the act of June 13, 1967
22 (P.L.31, No.21), known as the Public Welfare Code.
23 "Department." The Department of Aging and the Department of <--
24 Public Welfare of the Commonwealth.
25 Section 3. Waiting list study.
26 (a) General rule.--The department shall direct and oversee a <--
27 study by the council to determine the extent of the existence,
28 Statewide, of waiting lists for services at the local area
29 agencies on aging. Data shall be collected and published in a
30 consistent manner for area agencies on aging.
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1 (b) Contents of study.--The study shall include, but not be
2 limited to:
3 (1) The development of a definition of waiting list,
4 including priority-need categories.
5 (2) A review of each area agency on aging in order to
6 identify the types of services for which individuals are
7 waiting.
8 (3) Statistical information on any current waiting lists
9 and projected increases in waiting lists at the local level.
10 (4) The average length of time that individuals remain
11 on the list prior to receiving services.
12 (5) A snapshot profile of the provider community that
13 exists in order to support the service needs identified.
14 (6) Financial information on the amount of additional
15 Federal, State or other funds that may be required annually
16 for the operational costs associated with the elimination of
17 waiting lists.
18 (7) A valid random sample survey of persons on waiting
19 lists to determine self-reported severity of need,
20 availability of informal caregivers, approximate income,
21 program eligibility based on that income, housing status,
22 approximate assets and willingness to participate in cost-
23 sharing approaches or medical assistance estate recovery to
24 help defray the cost of services.
25 (c) Report to department.--The council shall report the
26 results of the study to the department no later than one year
27 from the effective date of this act.
28 Section 4. Waiting list proposed course of action.
29 (a) Development.--The department shall develop and submit to
30 the Governor and the Aging and Youth Committee of the Senate and
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1 the Aging and Youth Committee of the House of Representatives,
2 within one year from receipt of the study, a proposed plan of
3 action designed to address the issue of current and future
4 waiting lists for persons in need of home and community-based
5 long-term care services through local area agencies on aging.
6 (b) Contents.--The proposed course of action shall include,
7 but not be limited to:
8 (1) Statistical information on the current and projected
9 increase in the waiting list, including demographic data for
10 individuals on the waiting lists.
11 (2) Financial information on the amount of Federal,
12 State or other funds that may be required annually for the
13 operational costs associated with the waiting list for home
14 and community-based services.
15 (3) An analysis of the impact and feasibility of
16 incorporating cost sharing into the funding of home and
17 community-based services through the area agencies on aging.
18 (4) Information regarding the types of services for
19 which individuals are waiting.
20 Section 5. Public input.
21 In the development of the proposed course of action required
22 by this act, the department shall conduct at least three public
23 input hearings to include one each in the eastern, central and
24 western regions of the State and obtain public comment from
25 persons in need of home and community-based long-term care
26 services, their families, guardians and providers of home and
27 community-based long-term care services.
28 Section 6. Annual submission of proposed course of action.
29 The department shall update the statistical and financial
30 data to the proposed course of action to the Governor and the
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1 Aging and Youth Committee of the Senate and the Aging and Youth
2 Committee of the House of Representatives on or before December
3 31 of each year.
4 (A) GENERAL RULE.--THE DEPARTMENT SHALL CONDUCT A STUDY BY <--
5 GEOGRAPHIC REGION OF THE LENGTH OF TIME OLDER PENNSYLVANIANS
6 WAIT FOR LOTTERY-FUNDED SERVICES, INCLUDING ANY PROGRAM FOR THE <--
7 DELIVERY OF MEALS TO A HOME OR RESIDENCE, PROVIDED BY AREA
8 AGENCIES ON AGING. THE STUDY SHALL INCLUDE:
9 (1) AN EVALUATION OF THE ACCURACY OF THE WAITING LIST
10 FOR LOTTERY-FUNDED SERVICES MAINTAINED BY AREA AGENCIES ON
11 AGING.
12 (2) A REVIEW OF EACH AREA AGENCY ON AGING TO IDENTIFY:
13 (I) THE SERVICES OLDER PENNSYLVANIANS ARE SEEKING
14 FROM THE AGENCY;
15 (II) THE TIME IT TAKES THE AGENCY TO PROVIDE THESE
16 SERVICES; AND
17 (III) THE PARTIAL SERVICES, IF ANY, THAT ARE
18 CURRENTLY BEING PROVIDED.
19 (3) A SURVEY OF COMMUNITY SERVICES AVAILABLE TO
20 INDIVIDUALS ON AREA AGENCIES ON AGING WAITING LISTS AND TO
21 PRIVATE PAY INDIVIDUALS.
22 (4) THE COST OF PROVIDING SERVICES TO INDIVIDUALS ON THE
23 WAITING LIST BY CATEGORY OF NEED.
24 (B) REPORT.--THE DEPARTMENT SHALL REPORT THE RESULTS OF THE
25 STUDY TO THE CHAIRMAN AND MINORITY CHAIRMAN OF BOTH THE AGING <--
26 AND YOUTH COMMITTEE AND THE APPROPRIATIONS COMMITTEE OF THE <--
27 SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF BOTH THE AGING <--
28 AND YOUTH COMMITTEE AND THE APPROPRIATIONS COMMITTEE OF THE <--
29 HOUSE OF REPRESENTATIVES WITHIN ONE YEAR OF THE EFFECTIVE DATE
30 OF THIS ACT.
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1 Section 7 4. Effective date. <--
2 This act shall take effect in 60 days.
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