PRIOR PRINTER'S NO. 605
PRINTER'S NO. 961
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
649
Session of
2021
INTRODUCED BY RAPP, ZIMMERMAN, COX, CAUSER, HILL-EVANS, THOMAS,
KULIK, RYAN, STAMBAUGH, GLEIM, TOOHIL, PICKETT, NEILSON,
FREEMAN, LONGIETTI AND GAYDOS, FEBRUARY 24, 2021
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, MARCH 17, 2021
AN ACT
Providing for access to long-term CONGREGATE care facilities for
essential caregivers, for additional safety requirements for
residents of long-term CONGREGATE care facilities, for
suspension of access for essential caregivers and for
personal protective equipment for essential caregivers.
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 Access to
Long-Term CONGREGATE Care Facilities 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:
"CONGREGATE CARE FACILITY." A FACILITY LICENSED BY THE
DEPARTMENT OR THE DEPARTMENT OF HUMAN SERVICES, INCLUDING, BUT
NOT LIMITED TO, A LONG-TERM CARE NURSING FACILITY, A SKILLED
NURSING FACILITY, AN ASSISTED LIVING FACILITY, A PERSONAL CARE
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HOME, AN INDEPENDENT LONG-TERM CARE FACILITY OR AN INTERMEDIATE
CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
"Declaration of disaster emergency." A disaster emergency
declared by the Governor under 35 Pa.C.S. ยง 7301(c) (relating to
general authority of Governor).
"Department." The Department of Health of the Commonwealth.
"Essential caregiver." An individual, whether a family
member or friend of a resident of a long-term CONGREGATE care
facility, who is designated by the resident or appointed by an
individual with decision-making authority for the resident to
provide physical or emotional support to the resident during a
declaration of disaster emergency.
"Long-term care facility." A facility licensed by the
department or the Department of Human Services, including, but
not limited to, a long-term care nursing facility, a skilled
nursing facility, an assisted living facility, a personal care
home, an older adult daily living center, an independent long-
term care facility or an intermediate care facility for
individuals with intellectual disabilities.
Section 3. Access to long-term CONGREGATE care facilities for
essential caregivers.
The department, in consultation with the Department of Human
Services, shall establish protocols to allow a resident of a
long-term CONGREGATE care facility or an individual with
decision-making authority for the resident to designate an
individual as the resident's essential caregiver during a
declaration of disaster emergency. A RESIDENT OF A CONGREGATE
CARE FACILITY OR AN INDIVIDUAL WITH DECISION-MAKING AUTHORITY
FOR THE RESIDENT SHALL DESIGNATE AN ESSENTIAL CAREGIVER DURING
THE INTAKE OF THE RESIDENT INTO THE CONGREGATE CARE FACILITY. An
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essential caregiver shall meet the necessary qualifications to
enter the long-term CONGREGATE care facility to provide in-
person physical or emotional support to a resident of a long-
term CONGREGATE care facility in accordance with the protocols
established under this section. The protocols shall include all
of the following:
(1) Safety measures for an essential caregiver,
including, but not limited to, restrictions on travel,
enhanced testing for communicable diseases and the necessary
safety equipment required to protect the health and safety of
the residents of the long-term CONGREGATE care facility.
(2) Procedures to replace an essential caregiver due to
necessary circumstances, including illness or death of the
essential caregiver.
(3) A duration, not to exceed 30 days AFTER A
DECLARATION OF DISASTER EMERGENCY, when a long-term
CONGREGATE care facility may enter a lock-down phase for the
purpose of establishing safety measures for residents of the
long-term CONGREGATE care facility and essential caregivers.
IF A CONGREGATE CARE FACILITY REQUIRES AN EXTENSION OF THE
LOCK-DOWN PHASE UNDER THIS PARAGRAPH, THE CONGREGATE CARE
FACILITY SHALL REQUIRE STAFF OF THE CONGREGATE CARE FACILITY
TO REMAIN IN THE CONGREGATE CARE FACILITY DURING THE EXTENDED
PERIOD TO PREVENT THE POTENTIAL SPREAD OF A COMMUNICABLE
DISEASE TO THE CONGREGATE CARE FACILITY.
Section 4. Additional safety requirements for residents of
long-term CONGREGATE care facilities.
(A) ADDITIONAL SAFETY REQUIREMENTS.--A long-term CONGREGATE
care facility may establish REASONABLE, additional safety
requirements to protect the residents of the long-term
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CONGREGATE care facility if the requirements meet all of the
following criteria:
(1) The requirements are directly linked to a
declaration of disaster emergency.
(2) The requirements are not so burdensome and onerous
as to substantially prevent an essential caregiver from being
able to physically or emotionally support a resident of the
long-term CONGREGATE care facility in person.
(B) COSTS.--AN ESSENTIAL CAREGIVER SHALL PAY THE COSTS OF
THE REASONABLE, ADDITIONAL SAFETY MEASURES ESTABLISHED UNDER
SUBSECTION (A). A CONGREGATE CARE FACILITY MAY NOT PAY THE COSTS
OF THE REASONABLE, ADDITIONAL SAFETY MEASURES ESTABLISHED UNDER
SUBSECTION (A).
Section 5. Suspension of access for essential caregivers.
A long-term CONGREGATE care facility may suspend access to
the long-term CONGREGATE care facility for an essential
caregiver who violates the protocols established under section
3, and the long-term CONGREGATE care facility shall allow the
resident, or an individual with decision-making authority for
the resident, to immediately designate a replacement essential
caregiver.
Section 6. Personal protective equipment for essential
caregivers.
A long-term CONGREGATE care facility may require an essential
caregiver to provide personal protective equipment for himself
or herself or assume the cost of the personal protective
equipment provided by the facility to allow the essential
caregiver to provide in-person physical or emotional support.
Section 7. Applicability.
This act shall apply for the period commencing 15 days after
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a declaration of disaster emergency and 60 days after the
termination or expiration of the declaration of disaster
emergency by executive order, proclamation or operation of law.
Section 8. Construction.
Nothing in this act shall be construed to supersede Federal
authority OR GUIDANCE regarding long-term CONGREGATE care
facilities or to prevent the department or Department of Human
Services from taking necessary actions to render the
Commonwealth eligible for Federal funds or reimbursement
services provided in long-term CONGREGATE care facilities.
Section 9. Effective date.
This act shall take effect in 60 days.
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