PRINTER'S NO. 1495
No. 1105 Session of 2007
INTRODUCED BY ORIE, MELLOW, FONTANA, WOZNIAK, O'PAKE, RAFFERTY,
LAVALLE, BROWNE, C. WILLIAMS, BOSCOLA, REGOLA AND WASHINGTON,
OCTOBER 25, 2007
REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 25, 2007
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 regulating and licensing personal care homes and assisted
5 living residences.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 211(d) and (l) of the act of July 13,
9 1967 (P.L.31, No.21), known as the Public Welfare Code, amended
10 December 21, 1988 (P.L.1883, No.185) and July 25, 2007 (P.L.402,
11 No.56), are amended to read:
12 Section 211. State Plan for Regulating and Licensing
13 Personal Care Homes and Assisted Living Residences.--* * *
14 (d) The preliminary plan shall include, but is not limited
15 to, the following:
16 (1) Coordination of the department's statutory
17 responsibilities with those of other State and local agencies
18 having statutory responsibilities relating to personal care
19 homes, with particular attention given to the Department of
1 Labor and Industry, the Department of Environmental Resources,
2 the Department of Aging and the Pennsylvania Human Relations
3 Commission. The Department of Labor and Industry shall
4 promulgate rules and regulations applicable to personal care
5 homes on a Statewide basis consistent with size distinctions set
6 forth in subsection (b) pertaining to construction and means of
7 egress.
8 (2) Recommendations for changes in existing State law and
9 proposed legislation to:
10 (i) Resolve inconsistencies that hinder the department's
11 implementation of the State plan.
12 (ii) Promote the cost efficiency and effectiveness of
13 visitations and inspections.
14 (iii) Delegate to other State and local agencies
15 responsibility for visitations, inspections, referral, placement
16 and protection of adults residing in personal care homes.
17 (iv) Evaluate the State's fire and panic laws as applied to
18 personal care homes.
19 (3) Recommendations for implementation of fire safety and
20 resident care standards relating to personal care homes by
21 cities of the first class, second class and second class A.
22 (4) A programmatic and fiscal impact statement regarding the
23 effect of the plan on existing residential programs for the
24 disabled, including but not limited to skilled nursing homes,
25 intermediate care facilities, domiciliary care homes, adult
26 foster care homes, community living arrangements for the
27 mentally retarded and group homes for the mentally ill and the
28 effect of the plan on recipients of Supplemental Security
29 Income.
30 (5) Cost analysis of the entire plan and of all regulations
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1 that will be proposed pursuant to the plan.
2 (6) Number of personnel at the State, regional and county
3 level required to inspect personal care homes and monitor and
4 enforce final rules and regulations adopted by the department.
5 (7) Process for relocating residents of personal care homes
6 whose health and safety are in imminent danger.
7 (8) Provisions pertaining to conflict of interest in
8 situations where the owner of the facility is also the primary
9 care physician for some or all of its residents.
10 (9) Training of facility staff on recognizing and handling
11 cases of resident abuse, neglect and self-neglect.
12 * * *
13 (l) The department shall annually conduct at least one
14 onsite unannounced inspection of each personal care home and
15 each assisted living residence. Additional announced or
16 unannounced inspections may be conducted by the department as
17 the department deems necessary. A report on each inspection of a
18 personal care home or assisted living residence, and any actions
19 taken by the department or the facility in connection therewith,
20 shall be made available to the public on the Internet. When
21 developing regulations under this act, the department may
22 provide for an abbreviated annual licensure visit when a
23 residence has established a history of exemplary compliance.
24 * * *
25 Section 2. This act shall take effect in 60 days.
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