PRIOR PRINTER'S NO. 3010 PRINTER'S NO. 3039
No. 2213 Session of 2001
INTRODUCED BY PISTELLA, SCHULER, PALLONE, WOJNAROSKI, CAPPELLI,
ZIMMERMAN, DeWEESE, GEORGE, WALKO, JAMES, BELFANTI, DALEY,
DeLUCA, FRANKEL, FREEMAN, HARHAI, HORSEY, LESCOVITZ, SHANER,
SOLOBAY, TRELLO, TRICH, WASHINGTON AND YOUNGBLOOD,
DECEMBER 5, 2001
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 10, 2001
AN ACT
1 Establishing the Intragovernmental Council on Long-term Care and
2 providing for its powers and duties; and making a repeal.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the
7 Intragovernmental Council on Long-term Care Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Council." The Intragovernmental Council on Long-term Care.
13 "Department." The Department of Public Welfare AGING of the <--
14 Commonwealth.
15 Section 3. Establishment of council.
16 (a) Council established.--The General Assembly hereby
1 establishes the Intragovernmental Council on Long-term Care
2 WITHIN THE DEPARTMENT. <--
3 (b) Membership.--The council shall be composed of and
4 appointed in accordance with the following:
5 (1) The Secretary of Aging.
6 (2) The Secretary of Community and Economic Development.
7 (3) The Secretary of Education.
8 (4) The Secretary of Health.
9 (5) The Secretary of Labor and Industry.
10 (6) The Secretary of Public Welfare.
11 (7) The Insurance Commissioner.
12 (8) The State Long-term Care Ombudsman.
13 (9) The Chairman of the Pennsylvania Housing Finance
14 Agency.
15 (10) Two members of the Senate, one appointed by the
16 President pro tempore and one by the Minority Leader.
17 (11) Two members of the House of Representatives, one
18 appointed by the Speaker of the House of Representatives and
19 one by the Minority Leader.
20 (12) One representative from the Pennsylvania Council on
21 Aging.
22 (13) Four members who represent advocate groups.
23 (14) Four members who represent consumer interests.
24 (15) One member who represents special needs
25 populations.
26 (16) Seven members who represent providers throughout
27 the long-term care continuum.
28 (17) One member from the general public.
29 (18) Four members at large.
30 (c) Appointment of nongovernmental members.--Nongovernmental
20010H2213B3039 - 2 -
1 members shall be recommended by the Secretary of Aging, after
2 consultation with the governmental members on the council, for
3 appointment by the Governor and shall serve until their
4 successors are appointed.
5 (d) Chairperson.--The Secretary of Aging shall serve as
6 chairperson.
7 (e) Terms of members.--
8 (1) The terms of the Secretary of Aging, the Secretary
9 of Community and Economic Development, the Secretary of
10 Education, the Secretary of Health, the Secretary of Labor
11 and Industry, the Secretary of Public Welfare, the Insurance
12 Commissioner, the State Long-term Care Ombudsman and the
13 chairman of the Pennsylvania Housing Finance Agency shall be
14 concurrent with their holding of public office.
15 (2) The terms of the members of the Senate and the House
16 of Representatives shall be concurrent with the terms of the
17 appointing officer.
18 (3) Nongovernmental members shall serve until their
19 successors are appointed and as long as they represent the
20 interest of the membership class for which they were
21 appointed.
22 Section 4. Powers and duties of council.
23 The Intragovernmental Council on Long-term Care shall have
24 the following powers and duties:
25 (1) To consult with various departments and agencies and
26 make recommendations on regulations, licensure, financing or
27 any other responsibilities of those departments or agencies
28 relating to long-term care.
29 (2) To perform such other duties as the Governor may
30 assign in planning for long-term care, services, benefits or
20010H2213B3039 - 3 -
1 programs.
2 (3) To approve, by a majority of the council, reports
3 produced by each subcommittee before release to the public or
4 the General Assembly.
5 (4) To develop and adopt rules for conducting
6 subcommittee meetings. This includes determining the scope of
7 responsibilities for each subcommittee.
8 (5) To assign topics for research and study to each
9 subcommittee. This does not prevent a subcommittee from
10 proposing topics for consideration to the council.
11 Section 5. Council subcommittees.
12 (a) Establishment.--The Intragovernmental Council on Long-
13 term Care shall establish the following four standing
14 subcommittees:
15 (1) Regulatory Review.
16 (2) Community Access.
17 (3) Long-term Care Service Models.
18 (4) Workforce Development.
19 (b) Composition.--Each subcommittee shall be composed of the
20 following members who shall be appointed and serve in the same
21 manner as section 3(c):
22 (1) Two members who represent advocate groups.
23 (2) Two members who represent consumers.
24 (3) Three members who represent long-term care
25 providers.
26 (4) One member who is a direct care employee.
27 (5) One member from the general public.
28 (c) Chairpersons and vice-chairpersons.--The members of each
29 subcommittee shall elect a chairperson and vice-chairperson to
30 serve for a period of one year.
20010H2213B3039 - 4 -
1 (d) Role of governmental members.--Governmental members
2 shall serve as ex-officio members on each subcommittee.
3 (e) Duties.--The council subcommittees shall have the
4 following powers and duties:
5 (1) To study and report on the topics assigned by the
6 council.
7 (2) To retain individuals, with the permission of the
8 council, to assist in researching, studying and drafting
9 reports for the council.
10 (3) To approve, by a majority vote of the members of the
11 subcommittee, reports and recommendations that are to be
12 provided to the council.
13 (f) Workgroups.--Nothing in this section shall prevent the
14 council from establishing ad hoc workgroups to assist the
15 subcommittees with research.
16 Section 6. Existing council members.
17 Those members of the council currently serving on the council
18 shall continue to serve until successors are appointed. This
19 section shall not prohibit the reappointment of existing
20 members.
21 Section 7. Repeal.
22 Section 212 of the act of June 13, 1967 (P.L.31, No.21),
23 known as the Public Welfare Code, is repealed.
24 Section 8. Effective date.
25 This act shall take effect January 1, 2003.
L3L71BIL/20010H2213B3039 - 5 -