THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GINGRICH, BAKER, BELFANTI, BEYER, CLYMER, GEIST, GROVE, HENNESSEY, KAUFFMAN, KORTZ, MELIO, MILLER, MOUL, PAYNE, PHILLIPS, PICKETT, RAPP, SIPTROTH, SWANGER AND VULAKOVICH, FEBRUARY 9, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 9, 2009  

AN ACT

Requiring public notices relating to long-term care providers;

and providing for compliance and enforcement, for certain

information to be posted on the Internet, for certain

information to be provided directly to consumers and

consumers' designated persons and for certain duties of

Commonwealth agencies responsible for licensure,

certification and other approval of long-term care providers.

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 Long-Term

Care Consumer Notification Act.

Section 2.  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:

"Consumer."  A person who receives services from a long-term

care provider.

"Consumer's designated person."  An individual designated by

a consumer or an individual authorized by law to take certain

actions on behalf of a consumer and who is responsible for

making decisions on behalf of a consumer. The term may include

legal counsel, a court-appointed guardian, an attorney-in-fact

under a durable power of attorney, an agent under a health care

proxy, a representative payee or any other individual authorized

by statute or regulation.

"Enforcement action."  Any of the following:

(1)  Suspension of license, certification or other State

approval.

(2)  Revocation of license, certification or other State

approval.

(3)  Refusal to renew license, certification or other

State approval.

(4)  Suspension of admissions to a facility or provision

of services by a home and community-based provider.

"Facility."  Any of the following:

(1)  A long-term care nursing facility as defined under

section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act.

(2)  A personal care home as defined under section 1001

of the act of June 13, 1967 (P.L.31, No.21), known as the

Public Welfare Code.

(3)  An assisted living residence as defined under

section 1001 of the Public Welfare Code.

(4)  An older adult daily living center as defined under

section 2 of the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act.

(5)  A facility that provides continuing care as defined

under section 3 of the act of June 18, 1984 (P.L.391, No.82),

known as the Continuing-Care Provider Registration and

Disclosure Act.

(6)  A facility that provides domiciliary care as defined

under section 2202-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929.

"Home and community-based provider."  Any of the following:

(1)  A home health care agency as defined under section

802.1 of the act of July 19, 1979 (P.L.130, No.48), known as

the Health Care Facilities Act.

(2)  A home care agency as defined under section 802.1 of

the Health Care Facilities Act.

(3)  A State-approved home and community-based waiver

provider that operates pursuant to a Medicaid home and

community-based waiver granted by the Centers for Medicaid

and Medicare Services to the Department of Public Welfare

under the authority of section 1915(c) of the Social Security

Act (49 Stat. 620, 42 U.S.C. § 1396n(c)) and that provides

long-term care to nursing-facility-eligible consumers in the

consumers' homes or at locations in the community to assist

consumers to function as independently as possible.

"Inspection."  An examination by a State agency or its

representatives, including interviews with the office staff,

clients and individuals who provide care and a review of

documents pertinent to initial and continued licensure,

certification or other State approval, for the purpose of

determining a provider's compliance with requirements of

licensure, certification or other State approval.

"Long-term care."  Assistance, services or other devices

which may be provided over an extended period of time and

designed to meet medical, personal and social needs associated

with aging, chronic disease or disability, acute illness or

injury or behavioral health problems that enable a person to

live as independently as possible.

"Long-term care provider" or "provider."  A facility or home

and community-based provider licensed, certified or otherwise

approved by the Commonwealth to provide long-term care.

Section 3.  Postings and consumer notification.

(a)  Duties of facilities.--A facility shall display the

following information at the site where the long-term care is

provided, in a public and conspicuous location, and where the

information can be easily observed and read:

(1)  The license, certification or other evidence of

State approval by a Commonwealth agency responsible for

overseeing its operation. In lieu of the license,

certification or other State-approved document, the facility

may display an identification number that is designated by

the Commonwealth agency that currently holds the license,

certification or other State approval for its operation.

(2)  Notices of enforcement actions currently being

undertaken against the facility. A Commonwealth agency

providing notification of an enforcement action shall include

a summary that is written in clear and specific language so

as to clearly communicate the action being taken by the

agency. No later than 36 hours after a facility receives

notification from a Commonwealth agency of an enforcement

action, the facility shall post the summary in a public and

conspicuous location in the facility. The summary shall

remain posted until such time as the action taken by a

Commonwealth agency has been resolved. If an appeal of the

action is filed, the notification shall reflect the appeal

and shall remain posted until all issues on appeal are

determined finally. The notification shall reflect the status

of the appeal.

(3)  Information regarding the Commonwealth's Internet

website where consumers can find information pertaining to

the Commonwealth agency that licenses, certifies or otherwise

approves the facility, with specific reference to inspection

reports and agency contact information contained on the

Internet website.

(b)  Duties of home and community-based providers.--A home

and community-based provider shall provide the following

information to a consumer prior to the rendering of services:

(1)  The license, certification or other evidence of

State approval by a Commonwealth agency responsible for

overseeing its operation. In lieu of the license,

certification or other State-approved document, the home and

community-based provider may provide to consumers an

identification number that is designated by the Commonwealth

agency that currently holds the license, certification or

other State approval for its operation.

(2)  Notices of enforcement actions currently being

undertaken against the home and community-based provider. A

Commonwealth agency providing notification of an enforcement

action shall include a summary that is written in clear and

specific language so as to clearly communicate the action

being taken by the agency. No later than 36 hours after a

home and community-based provider receives notification from

a Commonwealth agency of an enforcement action, the home and

community-based provider shall transmit a summary of the

information to consumers to which the home and community-

based provider renders services as of the date of the

notification from the agency as well as information regarding

any appeals filed. The summary shall be either:

(i)  hand-delivered to each consumer;

(ii)  mailed through the United States Postal

Service; or

(iii)  transmitted by a common or contract carrier.

A home and community-based provider shall maintain a record

that the transmission was initiated within the required time

frame.

(3)  Information regarding the Commonwealth's Internet

website where consumers can find information pertaining to

the Commonwealth agency that licenses, certifies or otherwise

approves the home and community-based provider, with specific

reference to inspection reports and agency contact

information contained on the Internet website.

Section 4.  Notice to consumer's designated person.

(a)  Records.--A long-term care provider shall maintain for

each consumer, where feasible, a current record of the name,

address and telephone number of the consumer's designated

person, which shall be provided upon request to the Commonwealth

agency responsible for oversight of the provider.

(b)  Summary of enforcement action.--Whenever a long-term

care provider receives a notice of enforcement action and a

summary of such action from the Commonwealth agency responsible

for oversight of the provider, the summary shall be transmitted

by the provider to the consumer's designated person within seven

days. The provider shall utilize the information transmission

methods and record maintenance requirements as outlined in

section 3(b)(1).

Section 5.  Compliance and enforcement.

Notwithstanding any other provision of law, compliance with

this act shall operate as a condition of licensure,

certification or other State approval for a long-term care

provider, and this act shall be enforced against a provider in

the same manner as provided in this act, regulation or other

similar authority under which the provider is licensed,

certified or otherwise approved.

Section 6.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 7.  Effective date.

This act shall take effect in one year.