PRINTER'S NO. 1917
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1279
Session of
2020
INTRODUCED BY MENSCH, AUMENT, BROWNE, GORDNER, J. WARD,
HUTCHINSON, MARTIN, MASTRIANO, PHILLIPS-HILL AND PITTMAN,
SEPTEMBER 3, 2020
REFERRED TO AGING AND YOUTH, SEPTEMBER 3, 2020
AN ACT
Providing for essential family caregivers in facilities during
disaster emergencies.
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 Essential
Family Caregiver Designation 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:
"Communicable disease." As defined in section 2(c) of the
act of April 23, 1956 (1955 P.L.1510, No.500), known as the
Disease Prevention and Control Law of 1955.
"Essential family caregiver." As follows:
(1) Any of the following individuals who are at least 18
years of age and who, prior to visitor restrictions, were
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regularly engaged with a resident at least once per week:
(i) An immediate family member.
(ii) A caregiver of the resident who is not employed
by a facility.
(2) The term does not include an employee of a
regulatory agency unless the employee is an immediate family
member of the resident.
"Facility." Any of the following:
(1) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(2) A hospice as defined in section 802.1 of the Health
Care Facilities Act, if the hospice renders care in an
inpatient setting.
(3) An assisted living residence as defined in section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(4) A personal care home as defined in section 1001 of
the Human Services Code.
(5) An intermediate care facility for individuals with
an intellectual disability.
"Immediate family member." A spouse, child, stepchild,
parent, stepparent, grandparent, grandchild, brother,
stepbrother, sister, stepsister or like relative-in-law.
"Intermediate care facility for individuals with an
intellectual disability." The term shall have the same meaning
as the term "intermediate care facility for the mentally
retarded" in section 1905(d) of the Social Security Act (49
Stat. 620, 42 U.S.C. § 1396d(d)) on the effective date of this
definition.
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"Secretary." The Secretary of Health of the Commonwealth.
"State of disaster emergency." A state of disaster emergency
declared under 35 Pa.C.S. § 7301(c) (relating to general
authority of Governor) that is due to a communicable disease.
Section 3. Essential family caregiver.
(a) Designation.--Notwithstanding any other provision of
law, during a state of disaster emergency the secretary shall
allow a facility to designate at least one essential family
caregiver per resident to provide companionship and assist with
activities requiring one-on-one direction. Only facilities that
have the ability to follow necessary precautions outlined by the
Federal and State Government may designate an essential family
caregiver.
(b) Individualization and integration.--The decision to
designate an essential family caregiver may be individualized
and integrated with resident-centered care planning. The
following shall apply:
(1) Designation shall be at the sole discretion of the
facility executive director or designee and only upon
agreement by the resident and their representative.
(2) A schedule and the amount of time allowed in a
facility by an essential family caregiver shall be agreed to
prior to an essential family caregiver entering a facility
and may not exceed more than two hours per day.
(3) An essential family caregiver shall provide care and
support similar in nature as provided prior to the state of
disaster emergency.
(4) Physical distancing shall be maintained by an
essential family caregiver with staff and other residents
while in the facility.
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(5) An essential family caregiver shall adhere to any
conditions specified by the facility.
(6) Restriction or revocation of essential family
caregiver status shall be at the sole discretion of the
facility executive director or designee.
Section 4. Effective date.
This act shall take effect immediately.
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