PRIOR PRINTER'S NO. 1985 PRINTER'S NO. 2650
No. 1628 Session of 2001
INTRODUCED BY SCHULER, DAILEY, PISTELLA, ZIMMERMAN, SATHER,
BISHOP, ARMSTRONG, SAMUELSON, WATSON, C. WILLIAMS, B. SMITH,
GRUCELA, PALLONE AND YUDICHAK, MAY 21, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 15, 2001
AN ACT
1 Providing for admission and retention of consumers in adult <--
2 living residences PERSONAL CARE HOMES, for appeals to the <--
3 Bureau of Hearings and Appeals and, for the powers and duties <--
4 of the Department of Public Welfare AND FOR REPORT TO THE <--
5 GENERAL ASSEMBLY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Adult Living <--
10 Residence PERSONAL CARE HOME Admission and Retention Act. <--
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Adult living residence." A residential premises that <--
16 provides housing, food, assistance with activities of daily
17 living and scheduled or unscheduled supervision available on a
18 24-hour basis, through contract for more than three adults who
1 are unrelated to the operator of the residential premises and
2 who do not require care in a licensed long-term care nursing
3 facility as that term is defined in the act of July 19, 1979
4 (P.L.130, No.48), known as the Health Care Facilities Act,
5 regardless of whether the operator provides or allows
6 supplemental services such as additional assistance with
7 activities of daily living and intermittent health care services
8 provided by certified, registered or licensed health care
9 professionals. The term includes any such residential premises
10 that is licensed by the department as a personal care home or an
11 assisted living residence. The term does not include an
12 intermediate care facility that provides services exclusively
13 for the mentally retarded and that may be commonly referred to
14 as ICF/MR.
15 "Bureau." The Bureau of Hearings and Appeals in the
16 Department of Public Welfare.
17 "Department." The Department of Public Welfare of the
18 Commonwealth.
19 "PERSONAL CARE HOME." ANY PREMISES IN WHICH FOOD, SHELTER <--
20 AND PERSONAL ASSISTANCE OR SUPERVISION ARE PROVIDED FOR A PERIOD
21 EXCEEDING 24 HOURS FOR FOUR OR MORE ADULTS WHO ARE NOT RELATIVES
22 OF THE OPERATOR AND WHO DO NOT REQUIRE THE SERVICES IN OR OF A
23 LICENSED LONG-TERM CARE FACILITY BUT WHO DO REQUIRE ASSISTANCE
24 OR SUPERVISION IN SUCH MATTERS AS DRESSING, BATHING, DIET,
25 FINANCIAL MANAGEMENT, EVACUATION OF THE PREMISES IN THE EVENT OF
26 AN EMERGENCY OR MEDICATION PRESCRIBED FOR SELF-ADMINISTRATION.
27 Section 3. Conditions precluding admission and retention in
28 adult living residences PERSONAL CARE HOME. <--
29 Adult living residences A PERSONAL CARE HOME may not admit or <--
30 retain consumers with any of the following conditions or care
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1 needs:
2 (1) Ventilator dependency.
3 (2) Decubiti and vascular ulcers III and IV.
4 (3) Intravenous fluids or injections directly into the
5 vein, except for intermittent intravenous therapy managed by
6 a health care professional licensed in this Commonwealth.
7 Intermittent intravenous therapy may be provided by an adult <--
8 living residence THE PERSONAL CARE HOME to a consumer for a <--
9 maximum of two weeks' duration, on a daily or periodic basis
10 by a licensed health care professional under a physician's
11 treatment plan.
12 (4) Airborne infectious disease in a communicable state
13 that requires isolation of the consumer or requires special
14 precautions by the caretaker to prevent transmission of the
15 disease, including, but not limited to, tuberculosis and
16 excluding the common cold and other infections.
17 (5) Psychotropic medications without appropriate
18 diagnosis and treatment plan.
19 (6) Nasogastric tubes.
20 (7) Gastric tubes, except when the consumer is
21 independently capable of self-feeding and self-care of the
22 tube.
23 (8) Consumers presenting an imminent physical threat or
24 danger to self or others.
25 (9) Consumers whose physician certifies that placement
26 is no longer appropriate.
27 (10) Consumers requiring more than intermittent nursing
28 care.
29 (11) Consumers requiring insertions, sterile irrigation
30 and replacement of catheter except for routine maintenance of
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1 urinary catheter unless the catheter care is self-
2 administered or administered by a licensed health care
3 professional.
4 (12) Consumers requiring sliding scale insulin
5 administration unless self-performed or administered by a
6 licensed health care professional.
7 (13) Consumers whose health care needs cannot be met in
8 the specific adult living residence PERSONAL CARE HOME as <--
9 determined by the adult living residence. PERSONAL CARE HOME. <--
10 SECTION 4. RETENTION.
11 A RESIDENT OF A PERSONAL CARE HOME WHO DEVELOPS ONE OF THE
12 CONDITIONS LISTED IN SECTION 3 WHILE RESIDING IN THE PERSONAL
13 CARE HOME:
14 (1) MAY BE TEMPORARILY TRANSFERRED TO AN APPROPRIATE
15 HEALTH CARE SETTING FOR TREATMENT AND RECOVERY, BUT MAY NOT
16 BE PERMANENTLY DISCHARGED FROM THE PERSONAL CARE HOME AND
17 SHALL BE PERMITTED TO RETURN TO THE PERSONAL CARE HOME UPON
18 COMPLETION OF TREATMENT AND RECOVERY AT THAT APPROPRIATE
19 HEALTH CARE SETTING. THE PERSONAL CARE HOME SHALL RETAIN THE
20 RESIDENT'S BED DURING THIS TIME.
21 (2) MAY REMAIN IN THE PERSONAL CARE HOME DURING
22 TREATMENT AND RECOVERY, IF TREATMENT AND RECOVERY MAY BE
23 ACHIEVED BY RECEIPT OF SUPPLEMENTAL SERVICES FROM AN OUTSIDE
24 HEALTH CARE PROVIDER AND THOSE SERVICES ARE ARRANGED AND
25 RECEIVED.
26 Section 4 5. Appeals. <--
27 Consumers who are not admitted to or retained by an adult <--
28 living residence THE PERSONAL CARE HOME due to conditions or <--
29 care needs other than those as set forth under section 3 shall
30 have available to them an appeal procedure to be conducted
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1 through the bureau. In the event that a consumer is successful
2 in an appeal, and a determination to not admit or retain such
3 consumer in an adult living residence THE PERSONAL CARE HOME is <--
4 overturned, the consumer shall have the right to be admitted to
5 or retained by that adult living residence THE PERSONAL CARE <--
6 HOME no later than 30 days following the final decision by the
7 bureau.
8 SECTION 6. REPORT TO GENERAL ASSEMBLY. <--
9 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE
10 DEPARTMENT SHALL PROVIDE TO THE GENERAL ASSEMBLY A REPORT ON
11 PROGRAMS WITHIN THIS COMMONWEALTH AND THROUGHOUT THE UNITED
12 STATES THAT SEEK TO MAXIMIZE THE EFFECTIVENESS OF CHARITABLE
13 PHARMACEUTICAL PROGRAMS AND TO PROVIDE RECOMMENDATIONS FOR NEW
14 LAWS AND INITIATIVES WITHIN THIS COMMONWEALTH TO ENHANCE THE
15 ABILITY OF PENNSYLVANIANS TO TAKE ADVANTAGE OF SUCH PROGRAMS.
16 Section 5 7. Enforcement. <--
17 If the department determines that an adult living residence A <--
18 PERSONAL CARE HOME has failed to comply with the provisions of
19 this act or the regulations promulgated under this act, it may
20 assess an administrative fine of not more than $500 per day per
21 violation.
22 Section 6 8. Regulations. <--
23 (a) General rule.--Except as provided in subsection (b), the
24 department shall promulgate regulations to implement the
25 provisions of this act within six months of the effective date
26 of this act.
27 (b) Appeal procedure.--The department shall promulgate
28 regulations to implement the appeal procedure required by
29 section 4 5 within three months of the effective date of this <--
30 act.
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1 Section 7 9. Effective date. <--
2 This act shall take effect in one year. AS FOLLOWS: <--
3 (1) SECTION 6 SHALL TAKE EFFECT IMMEDIATELY.
4 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
5 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN ONE
6 YEAR.
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