PRINTER'S NO. 437
No. 412 Session of 2005
INTRODUCED BY PISTELLA, DeWEESE, BAKER, BEBKO-JONES, BELFANTI,
BIANCUCCI, BISHOP, BROWNE, CALTAGIRONE, CAPPELLI, CAWLEY,
CRUZ, CURRY, DALEY, DeLUCA, EACHUS, FABRIZIO, FRANKEL,
FREEMAN, GEORGE, GERGELY, GINGRICH, GOOD, GRUCELA, HERMAN,
JAMES, W. KELLER, KIRKLAND, LEACH, LEDERER, LEH, MARKOSEK,
McILHATTAN, O'NEILL, PALLONE, PRESTON, SANTONI, SATHER,
SEMMEL, SHANER, SOLOBAY, E. Z. TAYLOR, TIGUE, WALKO, WATSON,
WHEATLEY AND YOUNGBLOOD, FEBRUARY 9, 2005
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 9, 2005
AN ACT
1 Establishing the Pennsylvania Long-term Care Council and
2 providing for its powers and duties; and making a repeal.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Pennsylvania
7 Long-term Care Council Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Council." The Pennsylvania Long-term Care Council.
13 "Department." The Department of Aging of the Commonwealth.
14 Section 3. Establishment of council.
1 (a) Council established.--The General Assembly hereby
2 establishes the Pennsylvania Long-term Care Council within the
3 department.
4 (b) Membership.--The council shall be composed of and
5 appointed in accordance with the following:
6 (1) The Secretary of Aging.
7 (2) The Secretary of Community and Economic Development.
8 (3) The Secretary of Education.
9 (4) The Secretary of Health.
10 (5) The Secretary of Labor and Industry.
11 (6) The Secretary of Public Welfare.
12 (7) The Insurance Commissioner.
13 (8) The State Long Term Care Ombudsman.
14 (9) The Executive Director of the Pennsylvania Housing
15 Finance Agency.
16 (10) The chairman and minority chairman of the Aging and
17 Youth Committee of the Senate.
18 (11) The chairman and minority chairman of the Aging and
19 Older Adult Services Committee of the House of
20 Representatives.
21 (12) Twenty-two members to be recommended by the
22 Secretary of Aging for appointment by the Governor as
23 follows:
24 (i) One representative from the Pennsylvania Council
25 on Aging.
26 (ii) Four members who represent advocate groups.
27 (iii) Four members who represent consumer interests.
28 (iv) One member who represents special needs
29 populations.
30 (v) Seven members who represent providers throughout
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1 the long-term care continuum.
2 (vi) One member from the general public.
3 (vii) Four members at large.
4 (c) Designee.--With the exception of the chairperson,
5 governmental members may appoint a designee to attend and vote
6 at meetings of the council. Each governmental member who
7 appoints a designee shall do so by sending a letter to the
8 chairperson stating the name of that designee.
9 (d) Chairperson.--The Secretary of Aging shall serve as
10 chairperson.
11 (e) Executive director.--The Secretary of Aging shall
12 appoint an executive director of the council.
13 (f) Terms of members.--
14 (1) The terms of those members who serve by virtue of
15 the public office they hold shall be concurrent with their
16 service in the office from which they derive their
17 membership.
18 (2) The remaining members shall serve until their
19 successors are appointed, provided they represent the
20 interest of the membership class for which they were
21 appointed.
22 Section 4. Powers and duties of council.
23 (a) General rule.--The council shall have the following
24 powers and duties:
25 (1) To consult with various departments and agencies and
26 make recommendations on regulations, licensure, financing or
27 any other responsibilities of those departments or agencies
28 relating to long-term care.
29 (2) To perform such other duties as the Governor may
30 assign relating to long-term care.
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1 (3) To approve reports produced by each committee before
2 release to the public or the General Assembly.
3 (4) To develop and adopt rules for conducting council
4 meetings, including, but not limited to, the procedure for
5 formally adopting the approval of committee reports before
6 release to the public.
7 (5) To develop and adopt rules for conducting committee
8 meetings. This includes, but is not limited to, determining
9 the scope of responsibilities for each committee, the number
10 of members for each committee and the procedure for formally
11 adopting the approval of committee reports before release to
12 the council.
13 (6) To assign topics for research and study to each
14 committee. This does not prevent a committee from proposing
15 topics for consideration to the council.
16 (7) To employ, with such funds as may be annually
17 appropriated by the General Assembly, sufficient staff and
18 services to carry out the operations of the council.
19 (b) Scope.--All of the powers and duties set forth in this
20 section shall be carried out in a manner that addresses all
21 areas of long-term care, including institutional care and home
22 and community-based services.
23 Section 5. Council committees.
24 (a) Establishment.--The council shall establish committees
25 to address the following areas:
26 (1) Regulatory review and access to care.
27 (2) Community access and public education.
28 (3) Long-term care service models and delivery.
29 (4) Work force.
30 (b) Composition.--The council chairperson with concurrence
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1 by the council shall appoint committee members to serve in the
2 same manner as section 3(f) (relating to establishment of
3 council). The members shall represent:
4 (1) Advocate groups.
5 (2) Consumers.
6 (3) Long-term care providers.
7 (4) Direct caregivers.
8 (5) The general public.
9 (6) Governmental entities.
10 (c) Chairpersons and vice chairpersons.--The chairperson of
11 the council shall appoint a chairperson and vice chairperson for
12 each committee.
13 (d) Duties.--The council committees shall have the following
14 powers and duties:
15 (1) To study and report on the topics assigned by the
16 council.
17 (2) To retain individuals, with the permission of the
18 council, to assist in researching, studying and drafting
19 reports for the council.
20 (3) To approve reports and recommendations that are to
21 be provided to the council. Only members appointed to the
22 committee may participate in approving reports and
23 recommendations.
24 (e) Workgroups.--Nothing in this section shall prevent the
25 chairperson, with concurrence by the council, from establishing
26 additional committees or ad hoc workgroups to assist the council
27 or committees.
28 Section 6. Existing council members.
29 Those nongovernmental members of the Intra-Governmental
30 Council on Long-Term Care currently serving on the council shall
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1 continue to serve until successors are appointed. This section
2 shall not prohibit the reappointment of existing members.
3 Section 7. Repeal.
4 Section 212 of the act of June 13, 1967 (P.L.31, No.21),
5 known as the Public Welfare Code, is repealed.
6 Section 8. Effective date.
7 This act shall take effect January 1, 2006.
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