PRINTER'S NO. 195
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
205
Session of
2015
INTRODUCED BY MURT, COHEN, D. COSTA, DONATUCCI, GINGRICH,
GODSHALL, GRELL, A. HARRIS, HENNESSEY, JAMES, KIM, KINSEY,
MENTZER, O'NEILL, SAMUELSON, SAYLOR AND WATSON,
JANUARY 23, 2015
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
JANUARY 23, 2015
AN ACT
Prohibiting employees of long-term care providers from serving
as guardian, agent under a power of attorney, insurance or
annuity beneficiary or estate executor of individuals who
receive services from a long-term care provider.
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 Financial Interest Prohibition 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:
"Facility." Any of the following:
(1) 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(2) An "assisted living residence" as defined under
section 1001 of the act of June 13, 1967 (P.L.31, No.21),
known as the Public Welfare Code.
(3) 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.
(4) 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.
(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) 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.
"Home and community-based provider." Any of the following:
(1) A "home 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 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.
(3) A State-approved home and community-based waiver
provider that operates under a Medicaid home and community-
based waiver granted by the Centers for Medicaid and Medicare
Services to the Department of Human Services under the
authority of section 1915(c) of the Social Security Act (49
Stat. 620, 42 U.S.C. ยง 1396n (c)) and that provides long-term
20150HB0205PN0195 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
"Long-term care." Assistance, service 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 consumer." An individual who receives
services from a long-term care provider.
"Long-term care provider" or "provider." A facility or a
home and community-based provider licensed, certified or
otherwise approved by the Commonwealth to provide long-term
care.
Section 3. Financial interest prohibition.
No employee who is paid by a provider to provide long-term
care services to a long-term care consumer, and no contract
employee who has direct contact with a long-term care consumer
or unsupervised access to the personal living quarters of a
long-term care consumer may:
(1) Be appointed or act as guardian of a long-term care
consumer.
(2) Serve as an agent under a power of attorney of a
long-term care consumer.
(3) Be a beneficiary of any insurance policy or annuity
of a long-term care consumer.
(4) Serve as an executor of the estate of a long-term
care consumer.
Section 4. Effective date.
20150HB0205PN0195 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
This act shall take effect immediately.
20150HB0205PN0195 - 4 -
1