Regular Session 2017-2018 House Bill 2291 P.N. 3917

CORRECTIVE REPRINT

PRIOR PRINTER'S NOS. 3419, 3812

PRINTER'S NO. 3917

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2291

Session of

2018

INTRODUCED BY PRIME SPONSOR WITHDREW, DUNBAR, DeLISSIO, NELSON,

MILLARD, ROTHMAN, PICKETT, IRVIN, TOPPER, RYAN, WHEELAND,

HEFFLEY, MENTZER, OBERLANDER, GREINER, STEPHENS, WARD,

ZIMMERMAN, KAUFFMAN, B. MILLER, FEE, CUTLER, KLUNK, HARPER,

ROEBUCK, HICKERNELL, BRIGGS, DIAMOND, NEILSON, READSHAW,

MASSER, METCALFE AND DERMODY, APRIL 23, 2018

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,

HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2018

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in departmental powers and

duties as to licensing, further providing for definitions AND

FOR RIGHT TO ENTER AND INSPECT.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "personal care home" in section

1001 of the act of June 13, 1967 (P.L.31, No.21), known as the

Human Services Code, is amended AND THE SECTION IS AMENDED BY

ADDING A DEFINITION to read:

Section 1001. Definitions.--As used in this article--

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"OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN" MEANS THE

OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN ESTABLISHED IN THE

DEPARTMENT OF AGING OF THE COMMONWEALTH.

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"Personal care home" means any premises in which food,

shelter and personal assistance or supervision are provided for

a period exceeding twenty-four hours for four or more adults who

are not relatives of the operator, who do not require the

services in or of a licensed long-term care facility but who do

require assistance or supervision in such matters as dressing,

bathing, diet, financial management, evacuation of a residence

in the event of an emergency or medication prescribed for self

administration. The term shall not include : A PREMISES OR PART

OF A PREMISES THAT DOES NOT PROVIDE SUPERVISION OR PERSONAL

ASSISTANCE FOR A CONTINUOUS PERIOD EXCEEDING TWENTY-FOUR HOURS,

INCLUDING:

(1) A living unit as defined in section 3 of the act of June

18, 1984 (P.L.391, No.82), known as the "Continuing-Care

Provider Registration and Disclosure Act."

(2) A senior multifamily housing unit provided by the

Department of Housing and Urban Development, the United States

Department of Agriculture Rural Housing Service or the Low-

Income Housing Tax Credit Program.

(3) Any other independent living setting or apartment

privately leased or rented to an individual without the

provision or coordination of support or care as part of the

lease or rental agreement .

* * *

SECTION 2. SECTION 1016 OF THE ACT IS AMENDED TO READ:

SECTION 1016. RIGHT TO ENTER AND INSPECT.--(A) FOR THE

PURPOSE OF DETERMINING THE SUITABILITY OF THE APPLICANTS AND OF

THE PREMISES OR WHETHER OR NOT ANY PREMISES IN FACT QUALIFIES AS

A FACILITY AS DEFINED IN SECTION 1001 OF THIS ACT OR THE

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CONTINUING CONFORMITY OF THE LICENSEES TO THIS ACT AND TO THE

APPLICABLE REGULATIONS OF THE DEPARTMENT, ANY AUTHORIZED AGENT

OF THE DEPARTMENT SHALL HAVE THE RIGHT TO ENTER, VISIT AND

INSPECT ANY FACILITY LICENSED OR REQUIRING A LICENSE UNDER THIS

ACT AND SHALL HAVE FULL AND FREE ACCESS TO THE RECORDS OF THE

FACILITY AND TO THE INDIVIDUALS THEREIN AND FULL OPPORTUNITY TO

INTERVIEW, INSPECT OR EXAMINE SUCH INDIVIDUALS.

(B) IN ADDITION TO THE DEPARTMENT, THE OFFICE OF THE STATE

LONG-TERM CARE OMBUDSMAN MAY ADVOCATE ON BEHALF OF A RESIDENT

CHALLENGING AN OPERATOR WHO INTENTIONALLY DEVELOPS A PROGRAM OF

SERVICES AND CARE DELIVERY TO AVOID LICENSURE UNDER THIS ACT.

WITH THE OPERATORS OF FACILITIES REGARDING THE MINIMUM STANDARDS

OF THE DEPARTMENT, ENCOURAGE THE ADOPTION OF HIGHER STANDARDS

AND RECOMMEND METHODS OF IMPROVING CARE AND SERVICES.

Section 2 3. This act shall take effect immediately.

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