SENATE AMENDED
PRIOR PRINTER'S NOS. 3010, 3039, 3243 PRINTER'S NO. 3791
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, YOUNGBLOOD, M. BAKER,
YUDICHAK AND CALTAGIRONE, DECEMBER 5, 2001
SENATOR MURPHY, AGING AND YOUTH, IN SENATE, AS AMENDED,
APRIL 30, 2002
AN ACT
1 Establishing the Pennsylvania Long-term Care Council 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 Pennsylvania
7 Long-term Care Council 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 Pennsylvania Long-term Care Council.
13 "Department." The Department of Aging of the Commonwealth.
14 Section 3. Establishment of council.
15 (a) Council established.--The General Assembly hereby
1 establishes the Pennsylvania Long-term Care Council within the
2 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 Executive Director of the Pennsylvania Housing
14 Finance 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) Designee.--With the exception of the chairperson,
20010H2213B3791 - 2 -
1 governmental members may appoint a designee to attend and vote
2 at meetings of the council. Each governmental member who
3 appoints a designee shall do so by sending a letter to the
4 chairperson stating the name of that designee.
5 (d) Appointment of nongovernmental members.--Nongovernmental
6 members shall be recommended by the Secretary of Aging for
7 appointment by the Governor and shall serve until their
8 successors are appointed.
9 (e) Chairperson.--The Secretary of Aging shall serve as
10 chairperson.
11 (f) Executive director.--The Secretary of Aging shall
12 appoint an executive director of the council.
13 (g) Terms of members.--
14 (1) The terms of the Secretary of Aging, the Secretary
15 of Community and Economic Development, the Secretary of
16 Education, the Secretary of Health, the Secretary of Labor
17 and Industry, the Secretary of Public Welfare, the Insurance
18 Commissioner, the State Long Term Care Ombudsman and the
19 chairman of the Pennsylvania Housing Finance Agency shall be
20 concurrent with their holding of public office.
21 (2) The terms of the members of the Senate and the House
22 of Representatives shall be concurrent with the terms of the
23 appointing officer.
24 (3) Nongovernmental members shall serve until their
25 successors are appointed and as long as, PROVIDED they <--
26 represent the interest of the membership class for which they
27 were appointed.
28 Section 4. Powers and duties of council.
29 The council shall have the following powers and duties:
30 (1) To consult with various departments and agencies and
20010H2213B3791 - 3 -
1 make recommendations on regulations, licensure, financing or
2 any other responsibilities of those departments or agencies
3 relating to long-term care.
4 (2) To perform such other duties as the Governor may
5 assign relating to long-term care.
6 (3) To approve reports produced by each committee before
7 release to the public or the General Assembly.
8 (4) To develop and adopt rules for conducting council
9 meetings, including, but not limited to, the procedure for
10 formally adopting the approval of committee reports before
11 release to the public.
12 (5) To develop and adopt rules for conducting committee
13 meetings. This includes, but is not limited to, determining
14 the scope of responsibilities for each committee, the number
15 of members for each committee and the procedure for formally
16 adopting the approval of committee reports before release to
17 the council.
18 (6) To assign topics for research and study to each
19 committee. This does not prevent a committee from proposing
20 topics for consideration to the council.
21 (7) All of the powers and duties set forth in this
22 section shall be carried out in a manner that addresses all
23 areas of long-term care including institutional care and home
24 and community-based services.
25 (8) Employ, with such funds as may be annually
26 appropriated by the General Assembly, sufficient staff and
27 services to carry out the operations of the council.
28 Section 5. Council committees.
29 (a) Establishment.--The council shall establish the
30 following four standing committees:
20010H2213B3791 - 4 -
1 (1) Regulatory Review and Access to Care.
2 (2) Community Access and Public Education.
3 (3) Long-term Care Service Models and Delivery.
4 (4) Workforce.
5 (b) Composition.--The council chairperson with concurrence
6 by the council shall appoint committee members to serve in the
7 same manner as section 3(g). The members shall represent:
8 (1) advocate groups;
9 (2) consumers;
10 (3) long-term care providers;
11 (4) direct caregivers;
12 (5) the general public; and
13 (6) governmental entities.
14 (c) Nongovernmental appointees.--Individuals who are
15 currently serving on the council may not be appointed to a
16 committee.
17 (d) Chairpersons and vice-chairpersons.--The chairperson of
18 the council shall appoint a chairperson and vice-chairperson for
19 each committee.
20 (e) Duties.--The council subcommittees COMMITTEES shall have <--
21 the following powers and duties:
22 (1) To study and report on the topics assigned by the
23 council.
24 (2) To retain individuals, with the permission of the
25 council, to assist in researching, studying and drafting
26 reports for the council.
27 (3) To approve reports and recommendations that are to
28 be provided to the council. Only members appointed to the
29 committee may participate in approving reports and
30 recommendations.
20010H2213B3791 - 5 -
1 (f) Workgroups.--Nothing in this section shall prevent the
2 chairperson, with concurrence by the council, from establishing
3 ad hoc workgroups to assist the council or committees.
4 Section 6. Existing council members.
5 Those members of the council currently serving on the council
6 shall continue to serve until successors are appointed. This
7 section shall not prohibit the reappointment of existing
8 members.
9 Section 7. Repeal.
10 Section 212 of the act of June 13, 1967 (P.L.31, No.21),
11 known as the Public Welfare Code, is repealed.
12 Section 8. Effective date.
13 This act shall take effect January 1, 2003.
L3L71BIL/20010H2213B3791 - 6 -