PRIOR PRINTER'S NO. 437 PRINTER'S NO. 4755
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, YOUNGBLOOD, MANDERINO, ALLEN AND SAMUELSON,
FEBRUARY 9, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 16, 2006
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 ADJUTANT GENERAL. <--
14 (8) (9) The State Long Term Care Ombudsman. <--
15 (9) (10) The Executive Director of the Pennsylvania <--
16 Housing Finance Agency.
17 (10) (11) The chairman and minority chairman of the <--
18 Aging and Youth Committee of the Senate.
19 (11) (12) The chairman and minority chairman of the <--
20 Aging and Older Adult Services Committee of the House of
21 Representatives.
22 (12) Twenty-two (13) THE FOLLOWING members to be <--
23 recommended by the Secretary of Aging for appointment by the
24 Governor as follows:
25 (i) One representative from the Pennsylvania Council
26 on Aging.
27 (ii) Four members who represent advocate groups.
28 (iii) Four members who represent consumer interests, <--
29 ONE OF WHOM SHALL BE A MEMBER OF THE ELDER LAW SECTION OF
30 THE PENNSYLVANIA BAR ASSOCIATION.
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1 (iv) One member who represents special needs
2 populations.
3 (v) Seven members who represent providers throughout
4 the long-term care continuum.
5 (vi) One member from the general public.
6 (vii) Four members at large. <--
7 (VII) ONE MEMBER WHO REPRESENTS LABOR INTERESTS. <--
8 (VIII) ONE MEMBER WHO REPRESENTS BUSINESS INTERESTS.
9 (IX) FOUR MEMBERS AT LARGE, ONE OF WHOM SHALL HOLD
10 AN INSURANCE PRODUCER'S LICENSE WITH EXPERTISE IN THE
11 AREA OF LONG-TERM CARE.
12 (c) Designee.--With the exception of the chairperson,
13 governmental members may appoint a designee to attend and vote
14 at meetings of the council. Each governmental member who
15 appoints a designee shall do so by sending a letter to the
16 chairperson stating the name of that designee.
17 (d) Chairperson.--The Secretary of Aging shall serve as
18 chairperson.
19 (e) Executive director.--The Secretary of Aging shall
20 appoint an executive director of the council.
21 (f) Terms of members.--
22 (1) The terms of those members who serve by virtue of
23 the public office they hold shall be concurrent with their
24 service in the office from which they derive their
25 membership.
26 (2) The remaining members shall serve until their
27 successors are appointed, provided they represent the
28 interest of the membership class for which they were
29 appointed.
30 (G) EXPENSES.--A MEMBER SHALL NOT RECEIVE COMPENSATION OR <--
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1 REMUNERATION, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ALL
2 REASONABLE AND NECESSARY ACTUAL EXPENSES ACCRUED IN THE COURSE
3 OF THEIR DUTIES.
4 Section 4. Powers and duties of council.
5 (a) General rule.--The council shall have the following
6 powers and duties:
7 (1) To consult with various departments and agencies and
8 make recommendations on regulations, licensure, financing or
9 any other responsibilities of those departments or agencies
10 relating to long-term care.
11 (2) To perform such other duties as the Governor may
12 assign relating to long-term care.
13 (3) To approve reports produced by each committee before
14 release to the public or the General Assembly.
15 (4) To develop and adopt rules for conducting council
16 meetings, including, but not limited to, the procedure for
17 formally adopting the approval of committee reports before
18 release to the public.
19 (5) To develop and adopt rules for conducting committee
20 meetings. This includes, but is not limited to, determining
21 the scope of responsibilities for each committee, the number
22 of members for each committee and the procedure for formally
23 adopting the approval of committee reports before release to
24 the council.
25 (6) To assign topics for research and study to each
26 committee. This does not prevent a committee from proposing
27 topics for consideration to the council.
28 (7) To employ, with such funds as may be annually <--
29 appropriated by the General Assembly, sufficient staff and
30 services to carry out the operations of the council.
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1 (7) TO EMPLOY STAFF TO CARRY OUT THE OPERATIONS OF THE <--
2 COUNCIL.
3 (b) Scope.--All of the powers and duties set forth in this
4 section shall be carried out in a manner that addresses all
5 areas of long-term care, including institutional care and home
6 and community-based services.
7 Section 5. Council committees.
8 (a) Establishment.--The council shall establish committees
9 to address the following areas:
10 (1) Regulatory review and access to care.
11 (2) Community access and public education.
12 (3) Long-term care service models and delivery.
13 (4) Work force.
14 (b) Composition.--The council chairperson with concurrence
15 by the council shall appoint committee members to serve in the
16 same manner as section 3(f) (relating to establishment of
17 council). The members shall represent:
18 (1) Advocate groups.
19 (2) Consumers.
20 (3) Long-term care providers.
21 (4) Direct caregivers.
22 (5) The general public.
23 (6) Governmental entities.
24 (c) Chairpersons and vice chairpersons.--The chairperson of
25 the council shall appoint a chairperson and vice chairperson for
26 each committee.
27 (d) Duties.--The council committees shall have the following
28 powers and duties:
29 (1) To study and report on the topics assigned by the
30 council.
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1 (2) To retain individuals, with the permission of the
2 council, to assist in researching, studying and drafting
3 reports for the council.
4 (3) To approve reports and recommendations that are to
5 be provided to the council. Only members appointed to the
6 committee may participate in approving reports and
7 recommendations.
8 (e) Workgroups.--Nothing in this section shall prevent the
9 chairperson, with concurrence by the council, from establishing
10 additional committees or ad hoc workgroups to assist the council
11 or committees.
12 Section 6. Existing council members.
13 Those nongovernmental members of the Intra-Governmental
14 Council on Long-Term Care currently serving on the council shall
15 continue to serve until successors are appointed. This section
16 shall not prohibit the reappointment of existing members.
17 Section 7. Repeal.
18 (A) INTENT.--THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL <--
19 UNDER SUBSECTION (B) IS NECESSARY TO EFFECTUATE THIS ACT.
20 (B) REPEAL.--Section 212 of the act of June 13, 1967
21 (P.L.31, No.21), known as the Public Welfare Code, is repealed.
22 Section 8. Effective date.
23 This act shall take effect January 1, 2006 2007. <--
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