PRINTER'S NO. 1943
No. 1537 Session of 2007
INTRODUCED BY DENLINGER, CALTAGIRONE, CLYMER, CREIGHTON,
GINGRICH, HENNESSEY, HERSHEY, JAMES, KIRKLAND, KORTZ, KOTIK,
MILLARD, R. MILLER, MYERS, NAILOR, PICKETT, SAYLOR, STERN,
WHEATLEY AND YOUNGBLOOD, JUNE 18, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JUNE 18, 2007
AN ACT
1 Requiring certain facilities to coordinate with licensing
2 agencies and local long-term care ombudsmen to provide
3 assistance to residents in circumstances involving relocation
4 of residents due to voluntary or involuntary closure of the
5 facilities.
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 Resident
10 Relocation Coordination 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 "Area agency on aging." The single local agency designated
16 by the Department of Aging within each planning and service area
17 to administer the delivery of a comprehensive and coordinated
18 plan of social and other services and activities.
1 "Department." The Department of Aging of the Commonwealth.
2 "Facility." Any of the following:
3 (1) A home that provides domiciliary care as defined in
4 section 2202-A of the act of April 9, 1929 (P.L.177, No.175),
5 known as The Administrative Code of 1929.
6 (2) A long-term care nursing facility as defined in
7 section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
8 known as the Health Care Facilities Act.
9 (3) An older adult daily living center as defined in
10 section 2 of the act of July 11, 1990 (P.L.499, No.118),
11 known as the Older Adult Daily Living Centers Licensing Act.
12 (4) A personal care home as defined in section 1001 of
13 the act of June 13, 1967 (P.L.31, No.21), known as the Public
14 Welfare Code.
15 "Licensing agency." In the case of:
16 (1) A domiciliary care home, the Department of Aging.
17 (2) A long-term care nursing facility, the Department of
18 Health.
19 (3) An older adult daily living center, the Department
20 of Aging.
21 (4) A personal care home, the Department of Public
22 Welfare.
23 "Local long-term care ombudsman" or "local ombudsman." An
24 agent of the Department of Aging who, pursuant to section 2203-A
25 of the act of April 9, 1929 (P.L.177, No.175), known as The
26 Administrative Code of 1929, investigates and seeks to resolve
27 complaints made by or on behalf of older individuals or adults
28 with disabilities who are consumers of long-term care
29 facilities, which complaints may relate to action, inaction or
30 decisions of providers of long-term care services or residences
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1 or of public agencies or of social service agencies or their
2 representatives and which complaints may adversely affect the
3 health, safety, welfare, interests, preferences or rights of
4 consumers.
5 "Resident." A person receiving services in a facility.
6 "Responsible person." A person who:
7 (1) (i) is not an employee of a facility;
8 (ii) is responsible for making decisions on behalf
9 of a resident; and
10 (iii) is so designated by the resident or the court,
11 and documentation is available on the resident's clinical
12 record to this effect; or
13 (2) (i) is an employee of a facility; and
14 (ii) is appointed by the court as the resident's
15 legal guardian.
16 Section 3. Coordination efforts in relocation situations.
17 (a) General rule.--At least 90 days prior to relocation of
18 any resident due to voluntary or involuntary closure other than
19 situations described in subsection (b), a facility shall notify
20 the appropriate licensing agency and the local ombudsman within
21 its designated area and provide written notification to the
22 resident or the resident's responsible person.
23 (b) Exception.--Prior to a relocation situation involving
24 the imminent removal of a resident in order to ensure the
25 resident's health and safety, a facility shall notify the
26 resident and contact the appropriate licensing agency and the
27 local ombudsman within its designated area. No later than 48
28 hours after the relocation, the facility shall provide written
29 notification to the resident's responsible person.
30 (c) Administrative cooperation.--The facility, licensing
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1 agency and ombudsman shall:
2 (1) Coordinate efforts to ensure the protection of the
3 health, safety and rights of residents and ensure smooth
4 relocation for all residents at the facility.
5 (2) Share all relevant information concerning residents
6 and the relocation plans and process, including, but not
7 limited to, conducting site visits for alternative placement.
8 (3) Cooperate in order to ensure that any other agencies
9 that may serve certain specific populations such as mental
10 health, mental retardation, Department of Veterans Affairs,
11 etc., shall be included in the relocation process, as
12 appropriate.
13 (4) Coordinate the relocation process so that resident
14 relocation shall only occur between the hours of 7 a.m. and 9
15 p.m. This requirement shall not apply in emergency situations
16 where residents must be relocated in order to ensure their
17 health and safety.
18 (d) Local ombudsman duty.--
19 (1) The local ombudsman shall ensure that the resident,
20 the resident's attorney-in-fact, guardian or other legal
21 representative acting within the scope of that person's
22 authority shall be involved in planning such transfer and
23 shall have the right to choose among the available
24 alternative placements.
25 (2) Nothing in this act shall be construed to preclude
26 the right of the appropriate agency that licenses the
27 facility to make temporary placement until final placement
28 can be arranged.
29 (e) Record of relocation incident.--The local ombudsman
30 shall maintain a record of each relocation incident in which the
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1 local ombudsman is involved and shall, upon request, share that
2 information with the appropriate licensing agency, the State
3 Ombudsman and law enforcement officials. The department shall
4 provide technical assistance and guidance to the local ombudsman
5 to ensure that laws and regulations regarding confidentiality of
6 information are strictly adhered to.
7 Section 4. Enforcement.
8 (a) Appropriate licensing agencies.--In a relocation
9 situation under this act, the appropriate licensing agency shall
10 ensure that the facility complies with the provisions of this
11 act as a condition of licensure.
12 (b) Department.--The department shall ensure that the local
13 long-term care ombudsman in each area agency on aging complies
14 with the provisions of this act.
15 Section 5. Effective date.
16 This act shall take effect in six months.
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