PRINTER'S NO. 3078
No. 2161 Session of 2008
INTRODUCED BY BOBACK, MUNDY, HENNESSEY, CAUSER, GINGRICH, WATSON, QUINN, SWANGER, VULAKOVICH, PASHINSKI, SHIMKUS, CARROLL, FREEMAN, GABIG, GOODMAN, HALUSKA, HELM, KORTZ, KULA, LEACH, MAJOR, MILLARD, MOYER, MURT, M. O'BRIEN, O'NEILL, PEIFER, PICKETT, RUBLEY, SAYLOR, SCHRODER, SIPTROTH, STERN, WANSACZ, YOUNGBLOOD AND YUDICHAK, JANUARY 14, 2008
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JANUARY 14, 2008
AN ACT 1 Requiring certain long-term care facilities to coordinate with 2 licensing agencies and local area agencies on aging to 3 provide assistance to consumers in circumstances involving 4 relocation of consumers; and providing for powers and duties 5 of the Department of Aging. 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 Long-Term 10 Consumer Care 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" or "AAA." The single local agency 16 designated by the department within each planning and service 17 area to administer the delivery of a comprehensive and
1 coordinated plan of social and other services and activities in 2 the planning and service area. 3 "Consumer." A person who receives services in a facility. 4 "Department." The Department of Aging of the Commonwealth. 5 "Designated person." An individual who may be chosen by a 6 consumer and documented in the consumer's record, to be notified 7 in case of an emergency, termination of service, facility 8 closure or other situations as indicated by the consumer or as 9 required by law or regulation. The term includes a consumer's 10 legal representative or an advocate. 11 "Facility." Any of the following: 12 (1) A home that provides domiciliary care as defined in 13 section 2202-A of the act of April 9, 1929 (P.L.177, No.175), 14 known as The Administrative Code of 1929. 15 (2) A personal care home or an assisted living residence 16 as defined in section 1001 of the act of June 13, 1967 17 (P.L.31, No.21), known as the Public Welfare Code. 18 (3) A long-term care nursing facility as defined in 19 section 802.1 of the act of July 19, 1979 (P.L.130, No.48), 20 known as the Health Care Facilities Act. 21 "Licensing agency." In the case of: 22 (1) A domiciliary care home, the Department of Aging. 23 (2) A long-term care nursing facility, the Department of 24 Health. 25 (3) A personal care home or an assisted living 26 residence, the Department of Public Welfare. 27 "Long-term care ombudsman" or "ombudsman." An agent of the 28 Department of Aging, who pursuant to section 2203-A of the act 29 of April 9, 1929 (P.L.177, No.175), known as The Administrative 30 Code of 1929, investigates and seeks to resolve complaints made 20080H2161B3078 - 2 -
1 by or on behalf of older individuals who are consumers of 2 facilities, which complaints may relate to action, inaction or 3 decisions of facilities, public agencies or of social agencies 4 or their representatives, and which may adversely affect the 5 health, safety, welfare, interests, preferences or rights of 6 consumers. 7 "Relocation." The transfer of a consumer from one facility 8 to another. 9 Section 3. Coordination efforts in relocation situations. 10 (a) General rule.--Other than situations described in 11 subsection (b), at least 30 days prior to relocation of a 12 consumer, a facility shall provide a written notice to the 13 consumer and the consumer's designated person and shall notify 14 the appropriate licensing agency and both the area agency on 15 aging within their designated area and the area agency on aging 16 within the designated area of the facility to which the consumer 17 is being relocated. 18 (b) Exception.--Prior to a relocation situation involving 19 the imminent removal of a consumer in order to ensure the 20 consumer's health and safety, a facility shall notify the 21 consumer and the consumer's designated person and shall contact 22 the appropriate licensing agency and both the area agency on 23 aging within their designated area and the area agency on aging 24 within the designated area of the facility to which the consumer 25 is being relocated. 26 (c) Administrative cooperation.--When a relocation occurs, 27 the affected facilities, licensing agencies and local area 28 agencies on aging shall: 29 (1) Coordinate efforts to ensure the protection of the 30 health and safety of the consumer and ensure smooth 20080H2161B3078 - 3 -
1 relocation for each consumer at the facility. 2 (2) Share relevant information concerning the consumer 3 and the relocation plans and process, including, but not 4 limited to, conducting site visits for alternative placement. 5 (3) Cooperate in order to ensure that any other agencies 6 that may serve certain specific populations, including, but 7 not limited to, mental health, mental retardation and 8 Department of Veterans' Affairs, shall be included in the 9 relocation process, as appropriate. 10 (4) (i) Coordinate the relocation process so that 11 consumer relocation occurs only between the hours of 7:00 12 a.m. and 7:00 p.m. 13 (ii) Subparagraph (i) shall not apply in emergency 14 situations where consumers must be relocated in order to 15 ensure their health and safety. 16 (d) Long-term care ombudsman duty.-- 17 (1) The local ombudsman shall ensure that a consumer 18 and, if appropriate, the consumer's designated person, acting 19 within the scope of that person's authority, is involved in 20 planning such transfers and is afforded the right to choose 21 among the available alternative placements. 22 (2) Nothing in this act shall be construed to preclude 23 the right of a licensing agency to make temporary placement 24 until final placement can be arranged. 25 (e) Record of relocation incident.-- 26 (1) An AAA shall maintain a record of each relocation 27 incident in which the local ombudsman is involved and shall, 28 upon request, share that information with the licensing 29 agency, the department and, to the extent that release of 30 that information is relevant to an investigation of criminal 20080H2161B3078 - 4 -
1 activity, law enforcement officials. 2 (2) The department shall provide technical assistance 3 and guidance to the local ombudsman to ensure that laws and 4 regulations regarding confidentiality of information are 5 strictly adhered to. 6 Section 4. Enforcement. 7 (a) Appropriate licensing agencies.--In a relocation, the 8 appropriate licensing agency shall take a lead role and shall 9 ensure that facilities involved in the relocation comply with 10 the provisions of this act as a condition of licensure. 11 (b) Department.--The department shall ensure that the local 12 ombudsman in each area agency on aging complies with the 13 provisions of this act. 14 (c) Promulgation of regulations.--The department shall work 15 in consultation with the Department of Health and the Department 16 of Public Welfare to develop rules and regulations to implement 17 this act, including sanctions to be imposed for noncompliance. 18 Section 5. Effective date. 19 This act shall take effect in 180 days. L20L35DMS/20080H2161B3078 - 5 -