PRINTER'S NO. 889
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
753
Session of
2015
INTRODUCED BY SCHLEGEL CULVER, DeLISSIO, MILLARD, HEFFLEY,
HARKINS, BOBACK, HAHN, COHEN, DEASY, PASHINSKI, MURT,
KAUFFMAN, A. HARRIS, PICKETT, WATSON, PEIFER, BRIGGS,
McCARTER, TOPPER AND D. PARKER, MARCH 9, 2015
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MARCH 9, 2015
AN ACT
Establishing the Pennsylvania Long-term Care Council; providing
for its powers and duties; and repealing related provisions
of the Public Welfare Code.
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 Pennsylvania
Long-term Care Council 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:
"Council." The Pennsylvania Long-term Care Council.
"Department." The Department of Aging of the Commonwealth.
Section 3. Pennsylvania Long-term Care Council.
(a) Establishment.--The Pennsylvania Long-term Care Council
is established within the department.
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(b) Membership.--The council shall be composed of and
appointed in accordance with the following:
(1) The Secretary of Aging.
(2) The Secretary of Community and Economic Development.
(3) The Secretary of Health.
(4) The Secretary of Human Services.
(5) The Insurance Commissioner.
(6) The Executive Director of the Pennsylvania Housing
Finance Agency.
(7) Two members of the Senate, one appointed by the
President pro tempore and one appointed by the Minority
Leader.
(8) Two members of the House of Representatives, one
appointed by the Speaker of the House of Representatives and
one appointed by the Minority Leader.
(9) The following members to be appointed by the
Governor, in consultation with the Secretary of Aging:
(i) One representative from the Pennsylvania Council
on Aging.
(ii) One member who represents the local area
agencies on aging.
(iii) Five members who represent consumer advocacy
groups, with at least one being a consumer of long-term
care services.
(iv) One member who represents the elder law section
of the Pennsylvania Bar Association.
(v) One member who is a licensed insurance producer
with at least ten years' experience in the long-term care
insurance market.
(vi) Six members who represent providers throughout
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the long-term care continuum, with no more than one
member representing a single provider group.
(vii) One member who has caregiver experience.
(viii) One member who represents the medical
community.
(ix) One member who represents an academic research
institution.
(x) One member who represents the County
Commissioners Association of Pennsylvania.
(c) Designee.--With the exception of the chairperson,
governmental members may appoint a designee to attend and vote
at meetings of the council. Each governmental member who
appoints a designee shall do so by sending a letter to the
chairperson stating the name of that designee.
(d) Chairperson.--The Secretary of Aging shall serve as
chairperson.
(e) Executive director.--The Secretary of Aging shall
appoint an executive director of the council.
(f) Terms of members.--
(1) The terms of those members who serve in accordance
with subsection (b)(1), (2), (3), (4), (5) and (6) shall be
concurrent with their service in the office from which they
derive their membership.
(2) Members appointed in accordance with subsection
(b)(7) and (8) shall serve terms conterminous with their
respective appointing authorities.
(3) Of the members appointed by the Governor, no less
than one-third of the members shall be appointed to serve a
two-year initial term, no less than one-third of the members
shall be appointed to serve a three-year initial term and the
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remaining members shall serve a four-year term. Members of
the council shall serve for terms of four years after
completion of the initial terms as designated in this
section.
(4) Members shall be eligible for reappointment but
shall serve no more than two consecutive full terms. Members
shall serve until their successors are appointed and
qualified, provided they represent the interests of the
membership class for which they were appointed.
(g) Vacancies.--Any vacancy on the council shall be filled
by the original appointing authority. An individual appointed to
fill a vacancy shall serve the balance of the previous member's
term.
(h) Removal.--In addition to the provisions of subsection
(f)(1) and (2), members may be removed from the board for the
following reasons:
(1) A member who fails to attend three consecutive
meetings shall forfeit his or her seat unless the chairman,
upon written request from the member, finds that the member
should be excused from a meeting.
(2) A member shall forfeit his or her seat if he or she
no longer represents the interests of the membership class
for which he or she was appointed. Specifically, a member
meeting this threshold shall no longer be employed or
associated with the interests of the respective qualification
for which he or she was appointed.
(i) Expenses.--Members may not receive compensation or
remuneration for their service as council members or as
committee members. Nongovernmental council members shall be
entitled to reimbursement for travel and related actual expenses
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accrued in the performance of their duties as members, in
accordance with Commonwealth travel policy. Committee members
who are not members of the council may not receive
reimbursement.
Section 4. Powers and duties of council.
(a) General rule.--The council shall have the following
powers and duties:
(1) To consult with various departments and agencies and
to make recommendations on regulations, licensure, financing
or any other responsibilities of those departments or
agencies relating to long-term care.
(2) To perform such other duties as the Governor may
assign relating to long-term care.
(3) To approve reports produced by any committee
established under section 5 before release to the public or
the General Assembly.
(4) To develop and adopt rules for conducting council
meetings, including, but not limited to, the procedure for
formally adopting the approval of committee reports before
release to the public.
(5) To develop and adopt rules for conducting committee
meetings. This power includes, but is not limited to,
determining the scope of responsibilities for each committee,
the number of members for each committee and the procedure
for formally adopting the approval of committee reports
before release to the council.
(6) To assign topics for research and study to each
committee. Nothing in this paragraph shall be construed to
prohibit a committee from proposing topics for consideration
to the council.
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(b) Scope.--All the powers and duties enumerated in this
section shall be performed in a manner that addresses all areas
of long-term care, including, but not limited to, institutional
care and home-based and community-based services.
Section 5. Council committees.
(a) Establishment.--The council shall establish committees
which may research and study the following areas:
(1) Regulatory review and access to quality care.
(2) Community access and public education.
(3) Long-term care services models and delivery.
(4) Work force.
(5) Housing.
(b) Composition.--The council chairperson shall appoint
committee members, who may include those who are not members of
the council and who have expertise pertaining to the specific
topics and tasks assigned.
(c) Chairpersons and vice chairpersons.--The chairperson of
the council shall appoint council members to serve as
chairperson and, as needed, vice chairperson for each committee.
(d) Duties.--The council committees shall have the following
powers and duties:
(1) To study and report on the topics assigned by the
council.
(2) To facilitate the creation of the reports and, with
the permission of the council, invite individuals to assist
in preparation of reports for the council.
(3) To approve reports and recommendations for
submission to the council. Only members appointed to each
committee may participate in approving reports and
recommendations to the council.
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(e) Construction.--Nothing in this section shall be
construed to prohibit the chairperson, with concurrence by the
council, from establishing additional committees or ad hoc work
groups to assist the council or committees.
Section 6. Repeal.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Section 212 of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, is repealed.
Section 7. Effective date.
This act shall take effect in six months.
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