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PRIOR PRINTER'S NO. 425
PRINTER'S NO. 1013
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
464
Session of
2021
INTRODUCED BY BOBACK, SAMUELSON, GUENST, HILL-EVANS, HELM,
HOWARD, T. DAVIS, PASHINSKI, WHEELAND, THOMAS, SCHWEYER,
ISAACSON, HOHENSTEIN, O'MARA, SHUSTERMAN, HENNESSEY AND
OTTEN, FEBRUARY 9, 2021
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 23, 2021
AN ACT
Amending the act of December 19, 1990 (P.L.1234, No.204),
entitled "An act establishing a program to assist persons who
bear primary responsibility for the at-home care of
functionally dependent older adults and victims of chronic
dementia," further providing for title of act, for intent,
for definitions, for primary caregiver support program, for
reimbursements, for entitlement not created and for
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of December 19, 1990
(P.L.1234, No.204), known as the Family Caregiver Support Act,
is amended to read:
AN ACT
Establishing a program to assist persons who bear primary
responsibility for the at-home care of functionally dependent
older adults [and victims of chronic dementia.], individuals
with Alzheimer's disease or a related disorder, children with
parents who are unable to care for them and individuals with
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disabilities.
Section 2. Section 2 introductory paragraph of the act is
amended to read:
Section 2. Intent.
It is the intent of this act to ease the strain of caregiving
and to assist adult family members and other individuals who
bear primary responsibility for the at-home care of functionally
dependent older adults and other adults who are [victims of
chronic dementia] living with Alzheimer's disease or a related
disorder by providing resources for services such as the
following:
* * *
Section 3. The definitions of "adult with chronic dementia,"
"care receiver," "household income" and "primary caregiver" in
section 3 of the act are amended and the section is amended by
adding definitions to read:
Section 3. 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:
* * *
["Adult with chronic dementia." A person 18 years of age or
older residing within this Commonwealth who has an irreversible
global loss of cognitive function, causing evident intellectual
impairment which always includes memory loss, without alteration
of state of consciousness as diagnosed by a physician and is
severe enough to interfere with work or social activities, or
both, and to require continuous care or supervision.]
"Alzheimer's disease or a related disorder." An irreversible
and progressive neurological disorder diagnosed by a physician
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that:
(1) causes cognitive and memory impairment, behavioral
and psychiatric problems and the loss of the ability to care
for oneself;
(2) is severe enough to interfere with work or social
activities; and
(3) requires continuous care or supervision.
* * *
"Care receiver." [A functionally dependent older adult or
other adult with chronic dementia who is being cared for by a
primary caregiver.] Any of the following:
(1) A functionally dependent older adult who is 60 years
of age or older and cared for by a primary caregiver who is
18 years of age or older.
(2) An individual with Alzheimer's disease or a related
disorder who is cared for by a caregiver 18 years of age or
older.
(3) A child who is younger than 18 years of age who is
cared for and resides with an older relative caregiver for a
child.
(4) An individual who is between 18 and 59 years of age,
has a nondementia-related disability and is cared for and
resides with an older relative caregiver for an individual
with a disability.
* * *
"Household income." The income of all members of the care
receiver's household with the exception of a minor or dependent
student.
* * *
"Older relative caregiver for a child." An individual who
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satisfies all of the following criteria:
(1) The individual is 55 years of age or older and
resides with a child who is younger than 18 years of age.
(2) The individual is the grandparent, step-grandparent,
or other relative, not including the biological or adoptive
parent related by blood, marriage or adoption.
(3) The individual is the primary caregiver of the child
because the biological or adoptive parents are unable or
unwilling to act as the primary caregiver of the child.
(4) The individual has a legal relationship to the
child, including legal custody, adoption or guardianship of
the child, or is caring for the child in an informal manner.
"Older relative caregiver for an individual with a
disability." An individual who satisfies all of the following
criteria:
(1) The individual is 55 years of age or older.
(2) The individual cares for and resides with an
individual with a disability who is no younger than 18 years
of age and no older than 59 years of age.
(3) The individual is the primary caregiver for the
individual with a disability.
(4) The individual is the parent, grandparent or other
relative of the individual with a disability by blood,
marriage or adoption.
"Primary caregiver." [The one identified adult family member
or other individual who has assumed the primary responsibility
for the provision of care needed to maintain the physical or
mental health of a care receiver and who does not receive
financial compensation for the care provided. A substantiated
case of abuse, neglect, exploitation, abandonment as defined in
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the act of November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act, or pursuant to any other civil
or criminal statute regarding an older adult, shall prohibit a
primary caregiver from receiving benefits under this act unless
authorized by the department to prevent further abuse.] The one
identified family member or other responsible individual who has
primary responsibility for the provision of care, including the
coordination of care and services needed to maintain the
physical and mental health of the care receiver and who does not
receive financial compensation for the care provided.
Section 4. Sections 4(b)(3), 5(b), 6 and 8 of the act are
amended to read:
Section 4. Primary caregiver support program.
* * *
(b) Authority.--
* * *
(3) After all eligibility criteria have been met, the
department shall give priority in awarding assistance paid
for by the State Lottery Fund to primary caregivers who
provide care for a functionally dependent older adult [and an
adult 60 years of age or older with chronic dementia, such
as] and an older adult with Alzheimer's disease or a related
disorder.
* * *
Section 5. Reimbursements.
* * *
(b) Maximum amounts.--
(1) The maximum amount available to a qualified primary
caregiver whose care receivers' household income is under
200% of the Federal poverty guidelines shall be established
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by [regulation, but shall not exceed $200 per month,] the
department for out-of-pocket expenses incurred for services.
[described under section 4(c)(2) subject to the following:
(i) Except as otherwise provided under subparagraph
(ii), in individual cases where there is a demonstrated
need, the maximum amount available to a qualified primary
caregiver may exceed $200 but shall not be more than
$500. The need must be specifically documented in the
care receiver's care plan.
(ii) Reimbursement under subparagraph (i) shall be
limited to $200 if an area agency on aging's average
monthly reimbursement exceeds $300 across its entire
caregiver support program caseload.]
(2) The maximum amount available to a qualified primary
caregiver whose care receivers' household income is under
200% of the Federal poverty guidelines shall be established
by [regulation, but shall not exceed $2,000] the department
for the entire duration of the case, for expenses incurred
for home modifications or assistive devices as described
under section 4(c)(3).
* * *
Section 6. Entitlement not created and prohibition.
(a) Entitlement not created.--Nothing in this act creates or
provides any individual with an entitlement to services or
benefits. Services under this act shall be made available only
to the extent of the availability and level of appropriations
made by the General Assembly.
(b) Prohibition.--A substantiated case of abuse, neglect,
exploitation or abandonment under the act of November 6, 1987
(P.L.381, No.79), known as the Older Adults Protective Services
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Act, the act of October 7, 2010 (P.L.484, No.70), known as the
Adult Protective Services Act, 23 Pa.C.S. Ch. 63 (relating to
child protective services) or under any other law of this
Commonwealth regarding an older adult, a child or an individual
with a disability, shall prohibit a primary caregiver from
receiving benefits under this act unless authorized by the
department to prevent further abuse, neglect, exploitation or
abandonment.
(B) PROHIBITION.--A PRIMARY CAREGIVER SHALL BE PROHIBITED
FROM RECEIVING BENEFITS UNDER THIS ACT UNDER THE FOLLOWING
CIRCUMSTANCES:
(1) THE PRIMARY CAREGIVER IS A PERPETRATOR IN A
SUBSTANTIATED CASE OF ABUSE, NEGLECT, EXPLOITATION OR
ABANDONMENT AS DEFINED IN THE ACT OF NOVEMBER 6, 1987
(P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE
SERVICES ACT;
(2) THE PRIMARY CAREGIVER IS A PERPETRATOR IN A
SUBSTANTIATED CASE OF ABUSE, NEGLECT, EXPLOITATION OR
ABANDONMENT AS DEFINED IN THE ACT OF OCTOBER 7, 2010
(P.L.484, NO.70), KNOWN AS THE ADULT PROTECTIVE SERVICES ACT;
OR
(3) THE PRIMARY CAREGIVER IS A PERPETRATOR IN A
SUBSTANTIATED CASE OF CHILD ABUSE AS DEFINED IN 23 PA.C.S.
CH. 63 (RELATING TO CHILD PROTECTIVE SERVICES).
Section 8. Enforcement.
The department shall have authority to establish penalties,
by regulation, associated with the violation of this act or
departmental rules or regulations promulgated under this act.
The department may not promulgate a regulation under this
section that interferes with any privileges or rights provided
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under Federal law.
Section 5. This act shall take effect in 60 days.
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