1Authorizing the Department of Aging to license and inspect
2community respite services programs; and imposing additional
3powers and duties on the Department of Aging.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Community
8Respite Services Program Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Area Agency on Aging" or "AAA." The single local agency
14designated by the department within each planning and service
15area to administer the delivery of a comprehensive and
16coordinated plan of social and other services and activities.

17"Client." An individual who receives community respite

1services in a community respite services program.

2"Community respite services." Services provided or arranged
3for part of a 24-hour day in a community respite services
4program to support independence of individuals 60 years of age
5or older who:

6(1) Are independent in ambulation or able to
7independently use an assistive device for ambulation.

8(2) Are independent in dressing, toileting and eating
9and drinking skills.

10(3) May need assistance with simple meal tasks such as
11cutting food.

12(4) Do not require medication administration.

13(5) May need reminders or gentle redirection.

14"Community respite services program" or "program." An entity
15licensed by the department to provide community respite services
16in a setting approved by the department.

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

18"Designated person." An individual who may be chosen by a
19client and documented in the client's record, to be notified in
20case of an emergency, termination of service, program closure or
21other situations as indicated by the client or as required by
22this act. The term includes a client's legal representative.

23Section 3. Legislative findings and declaration.

24The General Assembly finds that:

25(1) This Commonwealth is rich in its diverse culture and
26demographic configuration.

27(2) Geographically, Pennsylvania's older adults live in
28a variety of settings and it is essential that every possible
29effort is made to help ensure that Pennsylvanians age and
30live well and that communities will be places to help them

1age and live well.

2(3) It is in the best interest of all Pennsylvanians to 
3support policies that help older individuals maintain
4independence and dignity in their homes and communities, 
5while also providing assurance to their loved ones that they 
6are safe and afforded access to care and services at the 
7right time, in the right setting and at the right intensity.

8(4) It is in the best interest of the Commonwealth to
9establish community respite services programs that provide
10programming designed to support independence of individuals,
11while also providing peace of mind to their loved ones who
12may have concerns that leaving them alone may jeopardize
13their health, safety and well-being.

14Section 4. Program operation and maintenance without license
15prohibited.

16No person may maintain, operate or conduct a community
17respite services program without having a license issued by the
18department. 

19Section 5. License term and content.

20(a) General rule.--The department shall, after an
21investigation and after a departmental determination that the
22applicant complies with the provisions of this act, issue to an
23applicant a license to operate a program.

24(b) Term and content.--A license shall:

25(1) Be issued for a specified period of not more than 12
26months.

27(2) Be on a form prescribed by the department.

28(3) Not be transferable.

29(4) Be issued only to the person for the program named
30in the application.

1(c) Interim license.--The department shall have the power to
2issue an interim license in accordance with department
3regulations.

4(d) Recordkeeping.--The department shall keep a record of
5all applications and all licenses issued under this act.

6Section 6. Local program administration and designation of a
7program coordinator.

8(a) Determination by AAA.--

9(1) Prior to implementation of this act, the AAA in each
10planned services area shall make a determination of whether
11it will assume monitoring and oversight of programs, in
12accordance with department regulations.

13(2) If an AAA determines to assume monitoring and
14oversight responsibility, the AAA may require plans of
15correction and require other action to bring a program into
16compliance.

17(3) If an AAA determines not to assume monitoring and
18oversight of a program, the department shall assume
19monitoring and oversight responsibilities.

20(b) Identification of program coordinator.--Each program
21shall identify and designate a program coordinator who shall be
22onsite and serve as the official representative and contact for
23a community respite services program.

24Section 7. Right to enter and inspect.

25The local program administrator as established in accordance
26with section 6 may enter, visit and inspect any program licensed
27or requiring a license under this act. In accordance with
28applicable regulatory authority, the monitoring and oversight
29entity shall have full and free access to the records of a
30community respite services program and to the clients and full

1opportunity to interview, inspect or examine such clients.

2Section 8. Determination of eligibility.

3(a) General rule.--The department shall work in cooperation
4with the AAA to develop a standard application packet for
5prospective clients.

6(b) Ongoing monitoring.--The program shall include a process
7whereby clients shall be monitored regularly to ensure that they
8do not become ineligible for community respite services. The
9process shall be overseen by either the AAA or the department,
10in accordance with section 6 and with applicable regulations of
11the department.

12Section 9. Conditions of ineligibility.

13(a) General rule.--No individual may receive community
14respite services if the individual:

15(1) presents with a history or risk of wandering, beyond
16gentle redirection;

17(2) requires medication assistance;

18(3) requires assistance with personal care, as defined
19in 55 Pa. Code Ch. 2600 (relating to personal care homes); or

20(4) is unable to express critical needs.

21(b) Determination of ineligibility.--In the event that a
22client is determined ineligible for community respite services,
23the program coordinator of a program shall:

24(1) Immediately notify the monitoring and oversight
25entity and the designated person for the client and shall
26follow procedures outlined in regulation for program
27disenrollment.

28(2) Provide the designated person with written notice of
29ineligibility and a list of community resources that may be
30available.

1Section 10. Regulations.

2(a) General rule.--The department shall work in cooperation
3with the AAAs, representatives of the adult day community and
4representatives of the senior centers to promulgate regulations
5governing community respite services programs, no later than one
6year after the effective date of this section. The regulations
7shall establish minimum standards, including, but not limited
8to:

9(1) Building, equipment, operation, care and assessment
10processes for functional and cognitive status of clients.

11(2) Staff credentials and staffing requirements,
12including staff-to-client ratios.

13(3) Programs and services in order to implement a
14process for issuance of licenses and interim licenses.

15(4) To establish a licensing appeal process, and to
16establish and collect fees to offset the cost of issuing
17licenses.

18(b) Procedure.--Regulations shall be promulgated in
19accordance with the provisions of the act of June 25, 1982
20(P.L.633, No.181), known as the Regulatory Review Act.

21Section 11. Construction.

22Nothing in this act shall be construed to preclude continued
23participation by individuals under 60 years of age who are
24participating in a community respite services program on the
25effective date of this act.

26Section 12. Effective date.

27This act shall take effect in 180 days.