PRINTER'S NO. 485
No. 421 Session of 2007
INTRODUCED BY GINGRICH, BAKER, BELFANTI, BEYER, CALTAGIRONE, CAPPELLI, COX, DALEY, FABRIZIO, FREEMAN, GEIST, GOODMAN, HENNESSEY, HESS, HORNAMAN, KULA, MAJOR, O'NEILL, PETRONE, PHILLIPS, PICKETT, RAPP, REICHLEY, ROSS, RUBLEY, SCAVELLO, STABACK, VEREB, WALKO, WATSON, WILLIAMS AND YOUNGBLOOD, FEBRUARY 13, 2007
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 13, 2007
AN ACT 1 Providing for the training and certification of qualified 2 assessors of individuals needing long-term care services, for 3 the powers and duties of the Department of Aging and for 4 report to General Assembly. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Long-Term 9 Care Assessor Training and Certification Act. 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 "Comprehensive assessment." A thorough and independent 15 review and analysis of a consumer's functional status and 16 financial resources. The term includes a personal history,
1 assessment of physical and emotional health, ability to carry 2 out activities of daily living, informal supports, environmental 3 factors and cognitive functioning, including immobility 4 assessment. 5 "Comprehensive service plan." A plan developed to meet a 6 consumer's individual needs, as determined by a comprehensive 7 assessment and developed by an interdisciplinary team that 8 includes the consumer, the consumer's legal representatives, the 9 consumer's family member and an appropriate professional on 10 aging as defined by regulation of the department. 11 "Consumer." An individual seeking long-term care services. 12 "Department." The Department of Aging of the Commonwealth. 13 "Long-term care services." Functionally necessary or 14 medically necessary diagnostic, preventive, therapeutic, 15 rehabilitative, maintenance or personal care services provided 16 in a setting other than an acute care unit of a hospital. 17 "Options program." The Long-Term Care Preadmission 18 Assessment Program and the Community Services for Nursing 19 Facility Eligibility Program administered by the Department of 20 Aging and operated by the local area agencies on aging. 21 "Qualified assessor." A person approved by the Department of 22 Aging as qualified to conduct assessments of consumers and 23 develop service plans based thereon. The term includes a 24 qualified employee of an area agency on aging, a qualified 25 employee of a licensed entity providing long-term care services 26 or a qualified independent entity. The term does not include a 27 hospital discharge planner or other staff or employee of an 28 insured's health or long-term care insurance company. 29 Section 3. Duties of department. 30 (a) Development of qualified assessor program.--The 20070H0421B0485 - 2 -
1 department shall develop a training and certification program 2 for qualified assessors. Only those qualified assessors trained 3 and certified by the department shall be permitted to conduct 4 assessments that identify the services a consumer requires and 5 that serve as the basis for a comprehensive service plan. This 6 program shall be separate from the Options program. However, 7 nothing in this act shall be construed to permit a qualified 8 assessor, other than a local area agency on aging, to perform an 9 Options program assessment. 10 (b) List of qualified assessors.--The department shall 11 develop and make available to the public a listing of qualified 12 assessors. The listing shall be updated at least monthly and 13 shall be available on the department's Internet website and 14 through the local area agencies on aging. 15 Section 4. Duties of qualified assessors. 16 (a) Certification required.-- 17 (1) A qualified assessor shall certify that any 18 assessment or reassessment the qualified assessor conducts is 19 true and correct to the best of that qualified assessor's 20 knowledge and skill at the time of assessment. 21 (2) The department shall revoke the certification of any 22 qualified assessor who falsely certifies a need for services. 23 (b) Standardized screening instrument.--A qualified assessor 24 shall utilize a standardized screening instrument. The 25 instrument shall be developed by the department, in cooperation 26 with the Department of Public Welfare, the Department of Health 27 and the Intra-Governmental Council on Long-Term Care, within six 28 months of the effective date of this section. 29 Section 5. Report to General Assembly. 30 Within one year of the effective date of this section, the 20070H0421B0485 - 3 -
1 department shall provide to the General Assembly a report on 2 programs within this Commonwealth and throughout the United 3 States that seek to maximize the effectiveness of charitable 4 pharmaceutical programs and to provide recommendations for new 5 laws and initiatives within this Commonwealth to enhance the 6 ability of Pennsylvanians to take advantage of such programs. 7 Section 6. Rules and regulations. 8 The department shall work in cooperation with the Department 9 of Public Welfare, the Department of Health and the Intra- 10 Governmental Council on Long-Term Care to develop rules and 11 regulations to implement this act. Within six months of the 12 effective date of this section, the department shall promulgate 13 regulations to implement this act. 14 Section 7. Effective date. 15 This act shall take effect as follows: 16 (1) Section 5 shall take effect immediately. 17 (2) This section shall take effect immediately. 18 (3) The remainder of this act shall take effect in one 19 year. A3L35DMS/20070H0421B0485 - 4 -