THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATSON, HENNESSEY, PETRI, REICHLEY, GINGRICH, ADOLPH, BEAR, BEYER, BISHOP, BOYD, BRENNAN, CALTAGIRONE, CLYMER, CREIGHTON, FAIRCHILD, FLECK, FRANKEL, GOODMAN, GROVE, GRUCELA, HESS, KORTZ, MAJOR, MILLER, O'NEILL, READSHAW, ROSS, SCAVELLO, SIPTROTH, STABACK, STERN AND VULAKOVICH, FEBRUARY 5, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 5, 2009  

AN ACT

Providing for a Statewide adult day resource and referral

system; establishing a central adult day services database;

and imposing additional responsibilities upon the Department

of Aging.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Adult Day

Resource and Referral Act.

Section 2.  Legislative findings.

The General Assembly finds and declares as follows:

(1)  The demand for high quality, affordable and

accessible adult day services has increased dramatically as

more care-dependent individuals choose to receive services in

their homes and communities as alternatives to facility-based

care.

(2)  The number of older adult daily living centers in

Pennsylvania has grown from six licensed centers in 1980 to

approximately 250 at the present.

(3)  A comprehensive, coordinated effort is needed to

ensure that accurate, up-to-date adult day services

information is readily available and easy to access.

(4)  Local adult day resource and referral services are

beneficial to:

(i)  family members who work and are also caregivers

for elderly relatives by enabling them to make informed

choices in selecting and purchasing the adult day

services that best meet their family's unique needs;

(ii)  existing and prospective adult day services

providers in their efforts to develop and maintain safe,

high-quality adult day services;

(iii)  businesses by providing a comprehensive

resource for them to use in responding to adult day

services needs of their employees; and

(iv)  the community-at-large by contributing directly

to the health, safety and well-being of this

Commonwealth's care-dependent older citizens and their

families.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Adult day resource and referral agency."  A public or

private nonprofit entity, including an association or

corporation, that performs functions related to adult day

resource and referral services.

"Adult day resource and referral services."  The term

includes, but is not limited to, the following:

(1)  The provision of updated information to caregivers,

employers and individuals in a community regarding the

availability, cost and quality of adult day services in a

defined geographic area.

(2)  Assistance to caregivers so they can make informed

decisions regarding appropriate and affordable adult day

services.

(3)  Information to employers on programs designed to

meet the adult day services needs of employees.

(4)  The provision of start-up information to potential

adult day services providers to increase the supply of

providers.

"Adult day services."  Services provided at or arranged

through an older adult daily living center to assist in meeting

the needs, including personal care, social, nutritional, health

and educational needs of clients, which services are provided,

as appropriate for each client, through a planned program of

social, educational, recreational, therapeutic, rehabilitative

and developmental activities. The term does not include services

provided for persons whose needs are such that they can only be

met in a long-term care facility on an inpatient basis receiving

professionally supervised nursing care and related medical and

other health services.

"Area agency on aging."  The single local agency designated

by the Department of Aging within each planning and service area

to administer the delivery of a comprehensive and coordinated

plan of social and other services and activities.

"Defined geographic area."  Any of not more than ten

geographic areas established by the Department of Aging to be

utilized for the purpose of creating adult day resource and

referral service areas.

"Department."  The Department of Aging of the Commonwealth.

"Older adult daily living center."  A premises operated for

profit or not-for-profit in which adult day services are

simultaneously provided for four or more clients who are not

relatives of the operator for part of a 24-hour day, and which

premises are licensed and regulated by the Department of Aging

in accordance with the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act, and

6 Pa. Code Ch. 11 (relating to older adult daily living

centers).

Section 4.  Provision of adult day resource and referral

services.

(a)  General rule.--The department shall arrange for the

availability of adult day resource and referral services in

defined geographic areas across this Commonwealth through

contractual agreements with public or private entities that can

fulfill the responsibilities of an adult day resource and

referral agency.

(b)  Construction.--Nothing in this act shall be construed to

prohibit an area agency on aging or any other governmental

entity from entering into a contractual agreement with the

department to serve as an adult day resource and referral

agency.

Section 5.  Central adult day services database.

(a)  Establishment.--The department shall provide for the

establishment and maintenance of a central adult day services

database, shall compile all information from adult day resource

and referral agencies with which it has a contractual agreement

under section 4 and shall establish a comprehensive, accurate

and up-to-date reference base on adult day services in this

Commonwealth.

(b)  Method of establishment.--The central adult day services

database shall be created by utilizing applied demographic

analyses, creation of statistical maps, as well as any other

resources the department may have available. The department

shall determine the nature and scope of all centralized adult

day services data to be maintained under this act.

(c)  Dissemination of information.--The department shall

provide, at least annually and at no charge, adult day resource

and referral agencies under contract with the department with

information developed regarding adult day services in this

Commonwealth.

Section 6.  Resource and referral services offered.

An adult day resource and referral agency shall provide, at a

minimum, the following services:

(1)  Identification of all State-approved older adult

daily living centers in their defined geographic area and a

profile of each older adult daily living center to indicate

the types of services it provides and the costs of such

services.

(2)  Maintenance of a comprehensive database on adult day

services supply and demand in the defined geographic area

served by the agency.

(3)  Maintenance of a resource and referral service for

users of adult day services and assistance, if requested, in

evaluating adult day services needs and appropriateness of

types of adult day services.

(4)  Establishment of a public education program to

inform consumers and provide referral counseling about adult

day services options, including information on types of adult

day services, availability, cost and standards, through such

means as printed materials, telephone contacts, education

sessions or workshops.

(5)  Provision of information and technical assistance to

adult day services providers and prospective providers, as

requested. Types of information to be made available shall

include, but not be limited to, information regarding career

opportunities in the field, continuing education, training

opportunities, accreditation programs, regulatory

requirements, demographic information to determine the

existence of markets for adult day services and to help

stimulate the supply of adult day services needed in the

defined geographic area.

(6)  Service as a resource to employers who are trying to

meet the adult day services needs of their employees.

(7)  Provision of information to caregivers about

opportunities for Federal and State funding of adult day

services. The adult day resource and referral agency shall,

to the extent possible, help to facilitate the availability

of public funding opportunities for consumers of adult day

services.

Section 7.  Standard operating procedures for adult day resource

and referral agencies.

Adult day resource and referral agencies as providers of

adult day resource and referral services shall:

(1)  Conduct business during hours convenient to working

caregivers, including some evening and weekend hours, if

deemed necessary.

(2)  Advertise their services.

(3)  Tailor services provided for under this act to the

defined particular geographic area in which they are located.

(4)  Seek opportunities to provide educational and

consumer awareness programs.

(5)  Utilize, to the maximum extent possible, the most

cost-effective means of providing adult day resource and

referral services in accordance with this act, including, but

not limited to, public-private partnerships, where deemed

appropriate, and contractual arrangements with existing

providers or adult day resource and referral services.

(6)  Maintain confidentiality of records and not publicly

disclose information contained in the records in such a

manner so as to identify individuals, provided that certain

nonidentifying information may be collected in aggregate form

for the purpose of data collection.

(7)  Report to the department on a regular basis

information regarding:

(i)  The number of caregivers and clients served.

(ii)  The extent of assistance given to providers of

adult day services, caregivers, businesses and others.

(iii)  The impact of the adult day resource and

referral services on quality and availability of adult

day services in their defined geographic area.

(iv)  Any recommendations that may contribute to the

improvement of the provision of adult day resource and

referral services.

Section 8.  Annual report.

The department shall submit an annual report to the General

Assembly which shall reflect the information collected by the

adult day resource and referral agencies designated by the

department. The report shall:

(1)  Describe how the adult day resource and referral

agencies further the department's goal to improve the

quality, availability and affordability of adult day

services.

(2)  Include any recommendations of the department for

improvements to the Statewide adult day resource and referral

system, as well as the availability of private, corporate and

government funding for adult day resource and referral

services.

Section 9.  Regulations.

The department shall, in the manner provided by law,

promulgate the rules and regulations necessary to establish

adult day resource and referral services to be offered in

accordance with this act.

Section 10.  Adult day resource and referral services

implementation.

The department shall establish a three-year implementation

schedule for phasing in adult day resource and referral services

throughout this Commonwealth.

Section 11.  Effective date.

This act shall take effect in 90 days.