Regular Session 2021-2022 House Bill 0649 P.N. 1026

PRIOR PRINTER'S NOS. 605, 961

PRINTER'S NO. 1026

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 AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 23, 2021

AN ACT

Providing for access to congregate care facilities for essential

caregivers, for additional safety requirements for residents

of congregate care facilities, for suspension of access for

essential caregivers and for personal protective equipment

for COSTS ASSOCIATED WITH SAFETY MEASURES RELATED TO

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

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. § 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 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.

Section 3. Access to 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

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 essential

caregiver shall meet the necessary qualifications to enter the

congregate care facility to provide in-person physical or

emotional support to a resident of a congregate care facility in

accordance with the protocols established under this section.

THE DEPARTMENT MAY UPDATE THE PROTOCOLS ESTABLISHED UNDER THIS

SECTION AT ANY TIME DURING THE DISASTER EMERGENCY. THE

DEPARTMENT MAY NOT UPDATE THE PROTOCOLS ESTABLISHED UNDER THIS

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SECTION TO EXTEND THE DURATION OF THE LOCK-DOWN PHASE UNDER

PARAGRAPH (3) FOR A TIME PERIOD EXCEEDING 45 DAYS. 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 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 SET BY THE DEPARTMENT, IN CONSULTATION

WITH THE DEPARTMENT OF HUMAN SERVICES, not to exceed 30 45

days after a declaration of disaster emergency, when a

congregate care facility may enter a lock-down phase DURING

WHICH THE CONGREGATE CARE FACILITY SHALL EXCLUDE ESSENTIAL

CAREGIVERS for the purpose of establishing safety measures

for residents of the 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

congregate care facilities.

(a) Additional safety requirements.--A A congregate care

facility may establish reasonable, additional safety

requirements to protect the residents of the congregate care

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facility if the, INCLUDING LIMITATIONS ON THE DURATION OF THE

VISITS, THE NUMBER OF VISITS PER WEEK PER RESIDENT, THE LOCATION

OF VISITS AND THE SPACING OF VISITORS. THE requirements UNDER

THIS SUBSECTION SHALL 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

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 congregate care facility may suspend access to the

congregate care facility for an essential caregiver who violates

the protocols established under section 3, and the 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 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 6. COSTS ASSOCIATED WITH SAFETY MEASURES RELATED TO

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ESSENTIAL CAREGIVERS.

A CONGREGATE CARE FACILITY MAY REQUIRE AN ESSENTIAL CAREGIVER

TO ASSUME THE COSTS OF ANY OF THE FOLLOWING:

(1) PROVIDING PERSONAL PROTECTIVE EQUIPMENT FOR HIMSELF

OR HERSELF TO ALLOW THE ESSENTIAL CAREGIVER TO SAFELY PROVIDE

IN-PERSON PHYSICAL OR EMOTIONAL SUPPORT. PERSONAL PROTECTIVE

EQUIPMENT PROVIDED BY THE CONGREGATE CARE FACILITY MAY NOT

REDUCE THE PERSONAL PROTECTIVE EQUIPMENT AVAILABLE TO THE

EMPLOYEES AND STAFF OF THE CONGREGATE CARE FACILITY.

(2) MEETING THE ADDITIONAL SAFETY REQUIREMENTS

ESTABLISHED BY THE CONGREGATE CARE FACILITY UNDER SECTION 4.

Section 7. Applicability.

This act shall apply for the period commencing 15 days after

a declaration of disaster emergency and THAT RESULTS IN THE

CLOSURE OF CONGREGATE CARE FACILITIES UNTIL 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 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 congregate

care facilities.

Section 9. Effective date.

This act shall take effect in 60 days.

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