PRINTER'S NO. 3022
No. 2114 Session of 2007
INTRODUCED BY SHIMKUS, BELFANTI, BIANCUCCI, BLACKWELL, BOBACK, CURRY, FABRIZIO, FREEMAN, GEORGE, GIBBONS, GOODMAN, GRUCELA, HORNAMAN, JAMES, JOSEPHS, KOTIK, KULA, LEACH, McGEEHAN, McILVAINE SMITH, MOUL, MOYER, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PRESTON, SIPTROTH, K. SMITH, STABACK, WALKO, WANSACZ, WATSON, WOJNAROSKI, YOUNGBLOOD AND YUDICHAK, DECEMBER 13, 2007
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, DECEMBER 13, 2007
AN ACT 1 Amending the act of November 6, 1987 (P.L.381, No.79), entitled 2 "An act relating to the protection of the abused, neglected, 3 exploited or abandoned elderly; establishing a uniform 4 Statewide reporting and investigative system for suspected 5 abuse, neglect, exploitation or abandonment of the elderly; 6 providing protective services; providing for funding; and 7 making repeals," further defining "facility"; and providing 8 for the definitions of "chronic dementia" and "cognitive 9 impairment" and for certain disclosures to facility 10 residents. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. The definition of "facility" in section 103 of 14 the act of November 6, 1987 (P.L.381, No.79), known as the Older 15 Adults Protective Services Act, amended December 18, 1996 16 (P.L.1125, No.169), is amended and the section is amended by 17 adding definitions to read: 18 Section 103. Definitions. 19 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 * * * 4 "Chronic dementia." An irreversible global loss of cognitive 5 function causing evident intellectual impairment which always 6 includes memory loss, without alteration of state of 7 consciousness as diagnosed by a physician and is severe enough 8 to interfere with work or social activities, or both, and to 9 require continuous care or supervision. 10 * * * 11 "Cognitive impairment." A mental or emotional condition or 12 disorder that substantially affects a person's ability to 13 reason, understand and make decisions. 14 * * * 15 "Facility." Any of the following: 16 (1) A domiciliary care home as defined in section 2202-A 17 of the act of April 9, 1929 (P.L.177, No.175), known as The 18 Administrative Code of 1929. 19 (2) A home health care agency. 20 (3) A long-term care nursing facility as defined in 21 section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 22 known as the Health Care Facilities Act. 23 (4) An older adult daily living center as defined in 24 section 2 of the act of July 11, 1990 (P.L.499, No.118), 25 known as the Older Adult Daily Living Centers Licensing Act. 26 (5) A personal care home as defined in section 1001 of 27 the act of June 13, 1967 (P.L.31, No.21), known as the Public 28 Welfare Code. 29 (6) An assisted living residence as defined in section 30 1001 of the act of June 13, 1967 (P.L.31, No.21), known as 20070H2114B3022 - 2 -
1 the Public Welfare Code. 2 * * * 3 Section 2. The act is amended by adding a section to read: 4 Section 5101. Physician disclosure. 5 In any facility in which a physician holds a financial or 6 ownership interest and is the attending or primary care 7 physician: 8 (1) The physician shall disclose the interest to each 9 facility resident and responsible family member or legal 10 representative of the resident. The resident or responsible 11 family member or legal representative of the resident shall 12 have the right to choose the physician disclosing the 13 interest or an independent physician as the resident's 14 primary care physician. 15 (2) If a facility resident has a cognitive impairment or 16 chronic dementia and has no responsible family member or 17 legal representative, the physician shall disclose the 18 interest to the agency, which shall assist the resident in 19 choosing a primary care physician. 20 (3) The department shall promulgate rules and 21 regulations as to the additional powers, duties and 22 responsibilities of the agency in assisting facility 23 residents under paragraph (2). 24 Section 3. Sections 5101 and 5102 of the act, amended 25 December 18, 1996 (P.L.1125, No.169), are amended to read: 26 Section [5101] 5190. Repeals. 27 All other acts and parts of acts are repealed insofar as they 28 are inconsistent with this act. 29 Section [5102] 5191. Effective date. 30 This act shall take effect July 1, 1988. 20070H2114B3022 - 3 -
1 Section 4. This act shall take effect in 60 days. L4L35MSP/20070H2114B3022 - 4 -