H1972B2971A04265 MSP:JMT 05/23/22 #90 A04265
AMENDMENTS TO HOUSE BILL NO. 1972
Sponsor: REPRESENTATIVE BOBACK
Printer's No. 2971
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military Affairs,
repealing provisions relating to advisory councils for
veterans' homes; in State Veterans' Commission and Deputy
Adjutant General for Veterans' Affairs, further providing for
definitions, repealing provisions relating to veterans' home
hall of fame and providing for veterans' homes; and making a
related repeal.
Amend Bill, page 1, lines 7 through 17; page 2, lines 1
through 30; page 3, lines 1 through 11; by striking out all of
said lines on said pages and inserting
Section 1. Section 704 of Title 51 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 704. Advisory councils for veterans' homes.
(a) Establishment of advisory council.--There is hereby
established an advisory council for each veterans' home operated
by the Commonwealth. Each advisory council shall consist of 15
members and the Adjutant General, who shall serve ex officio.
Twelve of the members shall be appointed by the Governor from a
list of nominations submitted to the Adjutant General by the
Pennsylvania War Veterans' Council. The Speaker of the House of
Representatives and the President pro tempore of the Senate
shall each appoint one member from their respective bodies to
serve on each council. The remaining member on the advisory
council shall be selected by the residents of the veterans'
homes.
(b) Term of office and officers.--Each member of the
councils appointed from the General Assembly shall serve for the
duration of that General Assembly. The eight members appointed
by the Governor shall serve a term of three years, provided that
the initial eight members selected by the Governor shall serve
as follows: three members for one year, three members for two
years and two members for three years as designated by the
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Governor. Each council shall organize as soon as possible and
shall annually elect a president, vice president and secretary.
(c) Removal for cause.--The members appointed by the
Governor may be removed by the Governor for cause.
(d) Quorum and time of meetings.--Six members of a council
shall constitute a quorum for the purpose of conducting the
business of the council. Each advisory council shall meet at
least quarterly and at other times at the call of the president.
(e) Expenses.--Members of each advisory council shall
receive no compensation for their services but shall receive
reimbursement for their necessary and proper expenses for
attendance at meetings.
(f) Power and duty of advisory councils.--Each veterans'
home advisory council shall advise the Adjutant General as to
the management, operation and the adequacy of facilities and
services at their respective homes.]
Section 2. Section 1701 of Title 51 is amended to read:
§ 1701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult day health care." The term shall have the same
meaning as the term "adult day care" in section 1001 of the act
of June 13, 1967 (P.L.31, No.21), known as the Human Services
Code, which is provided to an individual eligible for Federal
reimbursement through the United States Department of Veterans
Affairs.
"Commandant." The administrator of a veterans' home.
"Commission." The State Veterans' Commission established by
this chapter.
"Eligible veteran." A veteran who meets the admissions
criteria required under this chapter as established by the
department.
"Nursing home." A nursing home as defined in section 1001 of
the Human Services Code.
"Personal care home." A personal care home as defined in
section 1001 of the Human Services Code.
"Spouse." The spouse of an eligible veteran or the surviving
spouse of an eligible veteran.
"Veteran." An individual who meets all of the following:
(1) Served in the Armed Forces of the United States,
including a reserve component, National Guard or the
Pennsylvania military forces.
(2) Was discharged or released from service under
conditions other than dishonorable.
"Veterans' home" or "home." A nursing home or personal care
home operated by the department for the provision of care to
eligible veterans and their spouses.
Section 3. Section 1705 of Title 51 is repealed:
[§ 1705. Veterans' home hall of fame.
(a) General rule.--Each veterans' home operated by the
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Commonwealth shall establish and dedicate a hall of fame to
recognize and honor the military achievements of outstanding
veterans who have completed honorable, active duty military
service and who reside or resided in the geographic region
served by the veterans' home. The area or space in the veterans'
home dedicated to the hall of fame may be used for other
purposes.
(b) Selection of inductees.--The advisory council for each
veterans' home shall, consistent with the guidelines established
by the commission in subsection (c), nominate eligible veterans
for induction into the hall of fame by the commission and
perform such other duties relating to the hall of fame as
approved by the commission. Any Medal of Honor recipient shall
be automatically inducted into the hall of fame.
(c) Oversight.--The commission shall develop guidelines for
the halls of fame. The guidelines shall include, but not be
limited to:
(1) Eligibility criteria for qualified candidates.
(2) Procedures for nomination of candidates and
selection of inductees.
(3) Ceremonies to officially honor the inductees.
(4) Manner of recognizing or presenting the inductees in
the halls of fame.
(5) Maintenance of the halls of fame.
(6) Duties of the advisory councils of the veterans'
homes relating to the halls of fame.
(d) Documentation.--Each eligible veteran or his or her
representative shall be responsible for obtaining the
documentation necessary to establish his or her eligibility from
the National Archives in Washington, D.C., or the National
Personnel Record Center in St. Louis, Missouri.
(e) Centralized list.--The State Veterans' Commission shall
keep a centralized list of all hall of fame inductees from all
regional veterans' homes.]
Section 4. Chapter 17 of Title 51 is amended by adding a
subchapter to read:
SUBCHAPTER E
VETERANS' HOMES
Sec.
1741. Legislative findings.
1742. Establishment.
1743. Advisory councils.
1744. Adult day health care.
1745. (Reserved).
1746. (Reserved).
1747. (Reserved).
1748. (Reserved).
1749. (Reserved).
1750. (Reserved).
1751. Veterans' home hall of fame.
1752. Funding.
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1753. Rules and regulations.
§ 1741. Legislative findings.
The General Assembly finds that community-based and
congregate residential services that may assist veterans and
their spouses may include adult day health care, assisted
living, home health care, hospice care, independent living,
memory care, palliative care, respite care and telemedicine.
§ 1742. Establishment.
(a) Duty.--The department shall maintain and operate
veterans' homes for eligible veterans and their spouses in
compliance with licensure and inspection requirements.
(b) Commandant.--The department shall appoint a commandant
to administer each home. The commandant shall be qualified and
licensed in this Commonwealth as a nursing home administrator.
The commandant shall appoint officers and employees as may be
necessary and fix the salaries of the officers and employees in
conformity with the standards established by the Executive Board
of the Commonwealth.
(c) Fees.--The department shall establish a schedule of fees
to be charged to residents of veterans' homes. Fees shall be
based on the level of service or care provided and the ability
of the resident to pay.
(d) Level of service.--The department shall establish the
level of service to be provided in accordance with the United
States Department of Veterans Affairs, if applicable.
§ 1743. Advisory councils.
(a) Establishment.--
(1) An advisory council is established for each
veterans' home operated by the Commonwealth.
(2) Each advisory council shall consist of 15 members
and the Adjutant General, who shall serve ex officio. Twelve
of the members shall be appointed by the Governor from a list
of nominations submitted to the Adjutant General by the
Pennsylvania War Veterans' Council. The President pro tempore
of the Senate and the Speaker of the House of Representatives
shall each appoint one member from their respective bodies to
serve on each council. The remaining member on the advisory
council shall be selected by the residents of the veterans'
homes.
(b) Terms.--
(1) Each member of the councils appointed from the
General Assembly shall serve for the duration of that General
Assembly. The eight members appointed by the Governor shall
serve a term of three years, except that the initial eight
members selected by the Governor shall serve as follows:
(i) Three members for one year.
(ii) Three members for two years.
(iii) Two members for three years as designated by
the Governor.
(2) Each council shall organize by March 1 of each odd
numbered year and shall elect a president, vice president and
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secretary for a two-year period commensurate with each new
session of the General Assembly.
(c) Removal for cause.--The members appointed by the
Governor may be removed by the Governor for cause.
(d) Quorum and time of meetings.--Six members of a council
shall constitute a quorum for the purpose of conducting the
business of the council. Each advisory council shall meet at
least quarterly and at other times at the call of the president.
(e) Expenses.--Members of each advisory council shall
receive no compensation for their services but shall receive
reimbursement for their necessary and proper expenses for
attendance at meetings.
(f) Power and duty of advisory councils.--Each veterans'
home advisory council shall advise the Adjutant General as to
the management, operation and the adequacy of facilities and
services at their respective homes.
§ 1744. Adult day health care.
(a) Administration.--The department may administer adult day
health care in a veterans' home or in a community-based setting
to provide care to eligible veterans and spouses in compliance
with Federal and State law.
(b) Contract.--In providing adult day health care in a
community-based setting, the department may contract or enter
into partnerships with health care providers licensed by the
Department of Aging, the Department of Health or the Department
of Human Services.
(c) Prioritization.--The department shall prioritize the
provision of adult day health care to eligible veterans with a
singular or combined disability rating of at least 70% from the
United States Department of Veterans Affairs.
(d) Fees.--The department shall establish a schedule of fees
to be charged for adult day health care services authorized
under this subchapter. The fees shall be based on the level of
service or care provided and the ability of the individual to
pay.
§ 1745. (Reserved).
§ 1746. (Reserved).
§ 1747. (Reserved).
§ 1748. (Reserved).
§ 1749. (Reserved).
§ 1750. (Reserved).
§ 1751. Veterans' home hall of fame.
(a) Establishment.--Each veterans' home operated by the
Commonwealth shall establish and dedicate a hall of fame to
recognize and honor the military achievements of outstanding
veterans who have completed honorable, active duty military
service and who reside or resided in the geographic region
served by the veterans' home. The area or space in the veterans'
home dedicated to the hall of fame may be used for other
purposes.
(b) Selection of inductees.--The advisory council for each
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veterans' home shall, consistent with the guidelines established
by the commission under subsection (c), nominate veterans for
induction into the hall of fame by the commission and perform
other duties relating to the hall of fame as approved by the
commission. Each Medal of Honor recipient shall be automatically
inducted into the hall of fame.
(c) Oversight.--The commission shall develop guidelines for
the halls of fame. The guidelines shall include, but not be
limited to:
(1) Eligibility criteria for qualified candidates.
(2) Procedures for nomination of candidates and
selection of inductees.
(3) Ceremonies to officially honor the inductees.
(4) Manner of recognizing or presenting the inductees in
the halls of fame.
(5) Maintenance of the halls of fame.
(6) Duties of the advisory councils of the veterans'
homes relating to the halls of fame.
(d) Documentation.--Each eligible veteran or his or her
representative shall be responsible for obtaining the
documentation necessary to establish his or her eligibility from
the National Archives in Washington, DC, or the National
Personnel Record Center in St. Louis, Missouri.
(e) Centralized list.--The State Veterans' Commission shall
keep a centralized list of each hall of fame inductee from each
veterans' home or geographic region served by a veteran's home.
§ 1752. Funding.
(a) Utilization.--The department may utilize funding
appropriated by the General Assembly for the purposes provided
for under this subchapter.
(b) Funds.--The department may accept gifts, grants or
payments for the use of a veterans' home, except that the
department may only receive and accept Federal funds to the
extent the funds are appropriated to the department by the
General Assembly.
§ 1753. Rules and regulations.
The department may promulgate rules and regulations necessary
to effectuate this subchapter.
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 51
Pa.C.S. Ch. 17 Subch E.
(2) Section 1414 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
Section 6. This act shall take effect in 60 days.
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