Please wait while the document is loaded.

A07764
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2291
Session of
2018
INTRODUCED BY EVANKOVICH, DUNBAR, 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 AND READSHAW, APRIL 23, 2018
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
APRIL 23, 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--
* * *
"Office of the State Long-Term Care Ombudsman" means the
Office of the State Long-T erm Care Ombudsman established in the
Department of Aging of the Commonwealth.
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"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
continuing conformity of the licensees to this act and to the
A07764 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) An authorized agent of the department shall also confer
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.
A07764 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15