THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, WASHINGTON, ALLOWAY, BAKER, STACK, O'PAKE, BROWNE, COSTA, EARLL, FARNESE, GORDNER, HUGHES, RAFFERTY, TARTAGLIONE, WAUGH, M. WHITE AND WONDERLING, JUNE 5, 2009

REFERRED TO AGING AND YOUTH, JUNE 5, 2009  

AN ACT

Establishing the Department of Aging and Long-Term Living and

providing for its powers and duties; and making related

repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Department of

Aging and Long-Term Living Act. 

Section 2.  Objectives.

The objectives of this act shall be all of the following:

(1)  To establish a cabinet-level State agency that

combines the Department of Aging and selected functions of

the Department of Public Welfare.

(2)  To establish an agency whose jurisdiction, powers

and duties concern and are directed to advancing the well-

being and full participation of older adults through the

creation and growth of programs and activities that support

health and wellness of older adults, assist older adults in

maintaining lives of independence and dignity and encourage

the involvement of older adults in the community.

(3)  To establish an agency whose jurisdiction, powers

and duties concern and are directed to advancing the well-

being and full participation of people with disabilities

through the provision of long-term living services in a

manner that assists them in attaining and maintaining lives

of independence and dignity and promotes involvement and

integration in the community.

(4)  To effect the maximum feasible coordination of and

eliminate duplication in the Commonwealth's administration of

certain Federal and State programs for older adults and

people with disabilities.

(5)  To promote the development of a long-term living

system that includes consumer choice and self-direction,

recognizes cultural differences and language barriers and is

responsive to the needs and preferences of older adults and

people with disabilities at each stage of their adult life,

including changes that may require additional care and

services.

(6)  To promote the efficient and economical

administration and delivery of long-term living services to

older adults and people with disabilities in ways that assure

that long-term living services are provided in a manner

consistent with applicable Federal and State law, including

Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C.

§ 1396 et seq.).

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this subsection unless the

context clearly indicates otherwise:

"Adult daily living center."  An older adult daily living

center as defined in the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act. 

"Area agency."  The single local area agency on aging

designated by the Department of Aging and Long-Term Living

within each planning and service area to administer the delivery

of a comprehensive and coordinated plan of social and other

services and activities.

"Area plan."  The plan submitted to the Department of Aging

and Long-Term Living by an area agency describing the methods by

which it will ensure a coordinated and comprehensive plan of

social and other services and activities in the planning and

service area.

"Assessment."  A determination based on a comprehensive

review of an individual’s social, physical and psychological

status and needs, using the instruments and procedures

established by the department for this purpose. 

"Assisted living residence."  An assisted living residence as

defined in the act of July 25, 2007 (P.L.402, No.56), entitled

"An act amending the act of June 13, 1967 (P.L.31, No.21),

entitled 'An act to consolidate, editorially revise, and codify

the public welfare laws of the Commonwealth,' further providing

for State plan for regulating and licensing personal care homes,

for Intra-Governmental Council on Long-Term Care and for rules

and regulations for personal care homes and assisted living

residences."

"Centers for Independent Living."  A center for independent

living as defined in the Rehabilitation Act of 1973 (Public Law

93-112, 29 U.S.C. § 701 et seq.)

"Community senior center."  A center where older adults

congregate for services and activities that support their

independence, enhance their quality of life and encourage their

involvement in the community.

"Council."  The Council on Aging and Long-Term Living.

"Department."  The Department of Aging and Long-Term Living

of the Commonwealth.

"Domiciliary care."  A living arrangement in the community

which provides a safe, supportive, homelike residential setting

for no more than three adults who are unrelated to the

domiciliary care provider and who cannot live independently in

the community.

"Long-term living services."  Those services designed to

provide diagnostic, therapeutic, rehabilitative, preventive,

wellness, supportive or maintenance services for individuals who

have chronic or episodic functional impairments provided in

settings including the individual's home, an adult daily living

center, domiciliary care, a personal care home, an assisted

living residence or a nursing facility. The term does not

include services authorized under the act of October 20, 1966

(Sp.Sess. 3, P.L.96, No.6), known as the Mental Health and

Mental Retardation Act of 1966, or similar services funded under

Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. §

1396 et seq.).

"Nursing facility."  A long-term care nursing facility

licensed by the Department of Health pursuant to the act of July

19, 1979 (P.L.130, No.48), known as the Health Care Facilities

Act. 

"Older adults."  Any persons residing within this

Commonwealth who are at least 60 years of age.

"Older Americans Act of 1965."  The Older Americans Act of

1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.).

"People with disabilities."  Individuals 18 to 59 years of

age residing within this Commonwealth who have been determined

to be eligible to receive, or who are receiving, attendant care

services under the act of December 10, 1986 (P.L.1477, No.150),

known as the Attendant Care Services Act, or services under a

home and community-based services waiver or other long-term

living services program administered by the Department of Aging

and Long-Term Living.

"Personal care home."  A personal care home licensed under

Article X of the act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code.

"Planning and service area."  The geographic unit within this

Commonwealth, as authorized by the Older Americans Act of 1965

(Public Law 89-73, 42 U.S.C. § 3001 et seq.), for allocation of

funds for the delivery of social services to older adults.

"Secretary."  The Secretary of Aging and Long-Term Living.

"Sole State agency."  As used with reference to the Older

Americans Act of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et

seq.), the Department of Aging and Long-Term Living.

"Support organization."  A private organization that supports

older adults and people with disabilities through advocacy and

the provision of services.

"Unit of general purpose local government."  As used with

reference to the designation of area agencies on aging, a county

or other unit which carries general government authority for an

area designated as a planning and service area under this act or

a combination of those units.

Section 4.  Department of Aging and Long-Term Living.

(a)  Establishment.--The Department of Aging and Long-Term

Living is established.

(b)  Powers and duties.--The department shall have the power

and duty to do all of the following:

(1)  Administer programs that provide long-term living

services to older adults and people with disabilities.

(2)  Assist with planning and provide consultation to

State agencies with respect to services, programs and

activities which they may furnish to older adults and people

with disabilities.

(3)  Develop and periodically update in consultation with

the council, service providers, centers for independent

living, support organizations and the area agencies, a

comprehensive plan for coordinating major Commonwealth

services, programs and activities that are directed toward

older adults and people with disabilities who require long-

term living services.

(4)  Administer the former act of November 4, 1983

(P.L.217, No.63), known as the Pharmaceutical Assistance

Contract for the Elderly Act.

(5)  Administer the former act of November 6, 1987

(P.L.381, No.79), known as the Older Adults Protective

Services Act.

(6)  Prepare for the Governor an annual budget for the

council as may be reasonably required to address the needs of

the council.

(7)  Make recommendations for legislative action to the

Governor and the General Assembly.

(8)  Publish a description of the organization and

function of the department so that all interested agencies

and individuals may be better able to solicit assistance from

the department.

(9)  Administer and supervise a domiciliary care program

for adults.

(9.1)  (i)  License and regulate personal care homes and

assisted living residences under all powers previously

granted to the Department of Public Welfare as provided

in Articles II and X of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code.

(ii)  The department may institute or alter policies

or procedures involving compliance with statutes or

regulations only after providing the affected parties

notification and a reasonable opportunity to comment on

the changes.

(10)  Administer and supervise an attendant care program

for people with disabilities under the act of December 10,

1986 (P.L.1477, No.150), known as the Attendant Care Services

Act, and any related home and community-based services

waiver.

(11)  Conduct, in cooperation with appropriate State and

local public and private agencies, studies and evaluations

pertaining to the quality life, health and social needs,

civil rights and status of older adults and people with

disabilities and report the findings and recommendations to

the General Assembly.

(12)  In cooperation with the area agencies, Federal,

State and local organizations and agencies that support older

adults and people with disabilities and centers for

independent living and support organizations, work toward the

development of a continuum of home and community-based

service, transportation and housing options for older adults

and for people with disabilities designed to maintain them in

the community and avoid or delay institutional care if

clinically appropriate. System development activities shall

include coordinating the Commonwealth’s plans for the

provision, expansion and effective administration of all of

the following:

(i)  In-home services that recognize consumer choice,

including personal assistance and supportive services,

which shall include consumer-directed services.

(ii)  Housing options such as service-enriched

housing options, personal care homes and assisted living

residences.

(iii)  Special services to caregivers who support

older adults and people with disabilities.

(iv)  Adult daily living center services, respite

services and other community-based services to support

caregivers.

(v)  The promotion of informal community supports.

(vi)  Assessment programs.

(vii)  Counseling programs to assist individuals in

determining the most appropriate long-term living

services.

(viii)  Special advocacy efforts to promote greater

awareness of, and more effective response to, Alzheimer’s

disease and other related brain disorders.

(ix)  Activities and services at community senior

centers.

(x)  Wellness and preventive health programs.

(13)  In cooperation with the Department of Public

Welfare, and consistent with the authority of the Department

of Public Welfare as the single State agency responsible for

the Medical Assistance Program funded under Title XIX of the

Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.),

do all of the following:

(i)  Develop and administer a system of assessment

for older adults and people with disabilities seeking or

requiring long-term living services under the Medical

Assistance Program using an instrument that provides

comparable data elements and at comparable intervals.

(ii)  Develop and administer home and community-based

long-term living service programs for older adults and

people with disabilities who are assessed as being

clinically eligible for nursing facility care, including

residents of assisted living residences or for the care

provided by an intermediate care facility for persons

with other related conditions.

(iii)  Administer those provisions of the act of June

13, 1967 (P.L.31, No.  21), known as the Public Welfare

Code, which relate to long-term living services for older

adults and people with disabilities.

(14)  Review all proposed Commonwealth program plans and

policies, and administrative regulations that are published

in the Pennsylvania Bulletin for their impact on older adults

and people with disabilities. If the secretary believes that

they have an impact on such persons, the secretary may

comment in accordance with the provisions of the act of July

31, 1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law.

(15)  Promulgate rules and regulations necessary to

perform the duties required of the department under this act.

(16)  At the option of the secretary, to administer the

provisions of the former act of January 22, 1968 (P.L.42,

No.8), known as the Pennsylvania Urban Mass Transportation

Assistance Law of 1967, which relate to special transit

programs for older adults. The secretary shall confer with

the Department of Transportation in order to ensure that the

regulations promulgated by the department do not conflict

with those promulgated by the Department of Transportation.

(17)  Review the activities of regulatory agencies of the

Commonwealth which affect the full and fair utilization of

State and community resources for programs and benefits for

older adults and people with disabilities and initiate

programs which will help assure such utilization.

(18)  Conduct, in cooperation with the Department of

Health and the Department of Public Welfare, periodic studies

and evaluations pertaining to the quality of care and related

services for consumers of long-term living services and

report the findings to the General Assembly.

(19)  Conduct, in cooperation with the Department of

Health, an ongoing Statewide prescription drug education

program designed to inform older adults of the dangers of

prescription drug abuse and misuse.

(20)  Collaborate with the Department of Community and

Economic Development and the Pennsylvania Housing Finance

Agency in the location, design, management of and services

for accessible and affordable housing built for older adults

and people with disabilities and upon request, provide

technical assistance to local housing authorities, nonprofit

housing and community groups, redevelopment authorities and

other groups with a special emphasis on programs related to

utility costs, rehabilitation and maintenance of the homes of

those persons.

(21)  Review and comment on all rules, regulations,

eligibility or payment standards issued by the Department of

Public Welfare, the Department of Health, the Department of

Environmental Protection or the Department of Labor and

Industry relating to the licensure and regulation of nursing

facilities and hospitals; medical assistance, supplemental

security income; home support, home care, hospice and home

health care.

(22)  Review and comment on rules, regulations,

eligibility standards or contract provisions issued by the

Department of Revenue and the Department of Transportation

relating to activities financed in whole or in part by the

Pennsylvania Lottery.

(23)  Review and comment on rules, regulations,

eligibility standards or contract provisions issued by the

Department of Transportation relating to specialized

transportation needs of older adults and people with

disabilities in rural and urban areas.

(24)  In coordination with the area agencies, centers for

independent living, support organizations and the council,

develop and conduct research, demonstration programs and

training programs to advance the interests and identify the

care and service needs of older adults and people with

disabilities.

(25)  Serve as an advocate for older adults at all levels

of government and provide consultation and assistance to the

area agencies, service providers, communities and civic

groups developing local services for older adults.

(25.1)  Advance the interests of people with disabilities

at all levels of government and provide consultation to

service providers, support organizations and other groups

developing services and support for people with disabilities.

(26)  Maintain a clearinghouse of information related to

the interests of older adults and people with disabilities

and provide technical assistance and consultation to all

agencies, both public and private with respect to programs

and services for those persons.

(27)  Promote, utilizing wherever possible the area

agencies, centers for independent living and support

organizations, community education regarding the problems of

older adults and people with disabilities through institutes,

publications and use of communications media.

(28)  Under the Older Americans Act of 1965, to:

(i)  Evaluate the need for services for older adults

within this Commonwealth and determine the extent to

which public and private programs meet such a need with

special emphasis on the needs and participation of the

minority elderly.

(ii)  Provide for services to older adults that

promote lives of independence, dignity, integration and

involvement through area agencies and other appropriate

agencies, organizations and institutions authorized in

accordance with the Older Americans Act of 1965, related

Federal acts and applicable State law and to stimulate

services and opportunities for older adults which are not

otherwise available.

(iii)  Function as the sole State agency to receive

and disburse Federal funds under the Older Americans Act

of 1965 and State funds made available for providing

services to older adults.

(iv)  Develop and administer the State plan for the

aging required by Federal law.

(v)  Promote and support programs, studies and

policies, in cooperation with other government agencies,

which will enhance the opportunity for continued work,

education and training for older adults.

(vi)  Promote, through the use of area agencies and

direct grants, contracts and technical assistance, the

development of community senior centers, service

organizations, clubs, associations and organizations

dedicated to the rights and needs of older adults when

these are not in conflict with State or area plans for

the aging.

(vii)  Establish and administer a State Long-Term

Care Ombudsman Program, including providing resources to

area agencies or other contractors to investigate and

resolve complaints related to the health, safety or

rights of older adults who are consumers of long-term

living services and prepare and submit to the General

Assembly an annual report containing data and findings

regarding the types of problems experienced and

complaints investigated.

(c)  Preference.--In filling vacancies authorized to the

department, the secretary shall assure that preference is given

to people with disabilities and older adults.

Section 5.  Council on Aging and Long-Term Living.

(a)  Establishment.--

(1)  There is established in the Office of the Governor

the Council on Aging and Long-Term Living, which shall

consist of 36 persons, be comprised of the Sub-Council on

Aging and the Sub-Council on Long-Term Living and include the

chairpersons of the regional councils on aging and long-term

living, as described under subsection (f)(7).

(2)  There shall be a chair of the Sub-Council on Aging

and a chair of the Sub-Council on Long-Term Living, which

shall serve as cochairs of the council.

(3)  The Sub-Council on Aging shall consist of 18

persons, inclusive of the Sub-Council Chair, comprised as

follows:

(i)  at least five members who are older adults, with

at least one older adult who receives services through

the department;

(ii)  no more than five members who are employed by,

have a financial interest in or are associated with an

entity that provides services to older adults or an

organization that represents such providers;

(iii)  no more than five individuals who are

associated with an organization that advocates for older

adults; and

(iv)  other individuals selected by the secretary who

may include academic and other professionals with

expertise in the field of aging or caregivers for older

adults.

(4)  The Sub-Council on Long-Term Living shall consist of

18 persons, inclusive of the Sub-Council Chair, comprised as

follows:

(i)  at least five people with disabilities who are

not employed by or have a financial interest in an

organization that provides services to people with

disabilities;

(ii)  no more than five members who are employed by

or associated with an organization that provides services

to people with disabilities or represents such providers;

(iii)  no more than five individuals who are

associated with an organization that advocates for people

with disabilities; and

(iv)  other individuals selected by the secretary who

may include academic and other professionals with

expertise relating to disabilities or caregivers for

people with disabilities.

(5)  Nineteen members of the council shall constitute a

quorum.

(6)  Absence of a member at three consecutive meetings

shall result in the member forfeiting the seat, unless the

member requests in writing and receives approval from the

appropriate cochair for the absence.

(b)  Nomination and terms.--The members of the council shall

be nominated by the Governor, subject to the consent of a

majority of the members elected to the Senate, and shall

represent, as far as possible, the geographic and cultural

diversity of this Commonwealth. The members shall serve

staggered three-year terms and shall serve until their

successors are appointed and qualified. Members shall be

eligible for reappointment.

(c)  Organization.--The council shall provide for its

organization and procedure including the selection of the

cochairs and other officers as deemed necessary.

(d)  Compensation.--The members of the council shall receive

no compensation for their services on the council but shall be

reimbursed by the department, in accordance with regulations,

for any ordinary and necessary expenses incurred in the

performance of their duties.

(e)  Meetings.--The council shall meet at least four times

per year to review and comment upon all reports of the

department to the Governor and the General Assembly and conduct

other council business. The cochairs may schedule meetings of

the sub-councils in addition to or in conjunction with the

council meetings.

(f)  Powers and duties.--The council shall have the following

powers and duties:

(1)  To review and comment on rules and regulations

promulgated by the department.

(2)  To prepare and submit to the Governor, the General

Assembly and the secretary, public reports evaluating the

level and quality of services and programs provided to older

adults and people with disabilities by Commonwealth agencies

together with recommendations for improved, expanded or

additional programs and services for older adults and people

with disabilities, including recommendations for community

integration improving cultural sensitivity within these

programs and services.

(3)  To carry out public hearings on matters affecting

the rights and interests of older adults and people with

disabilities, including matters involving cases of neglect,

abuse and age discrimination against older adults and people

with disabilities in the administration of the laws of this

Commonwealth and its political subdivisions.

(4)  To carry out studies about major issues affecting

older adults and people with disabilities and to report to

the Governor, the General Assembly, the secretary and the

public its findings and recommendations in regard to

appropriate action and a long-term strategy for addressing

these issues.

(5)  To assist the department in the preparation of the

State plan on aging.

(6)  To consult with the secretary regarding the

operations of the department.

(7)  To establish no more than five regional councils on

aging and long-term living consisting of 15 citizen members,

with the composition, members' terms of offices, organization

and duties and responsibilities determined by the council.

(8)  To employ, with funds as are annually appropriated

by the General Assembly, sufficient staff and services to

carry out these duties and powers as well as the duties and

powers of the regional councils.

Section 6.  Area agencies.

(a)  Planning and service area.--Planning and service areas

in existence on the effective date of this section may only be

changed by order of the secretary under provisions set forth by

the department for combining or dividing geographical areas to

bring about more effective and efficient planning and service

delivery.

(b)  Designated area agencies.--

(1)  For each planning and service area there shall be an

area agency designated by the department in accordance with

the Older Americans Act of 1965, to serve as a focal point in

the community for the coordination of services for older

adults and for the issues and concerns of aging.

(2)  An area agency designated under paragraph (1) shall

be one of the following:

(i)  An established office of aging.

(ii)  An office or agency of the unit of general

purpose local government which is designated for the

purpose under paragraph (1) by the chief elected

officials of the unit of general purpose local

government.

(iii)  An office or agency designated by the chief

elected officials of a combination of units of general

purpose local government to act on behalf of that

combination for the purpose under paragraph (1).

(iv)  A public or nonprofit private agency in a

planning and service area which is under the supervision

or direction, for the purpose under paragraph (1), of the

designated State agency and which can engage in the

planning or provision of a broad range of social services

within the planning and service area and must provide

assurance, found adequate by the department, that it will

have the ability to develop and administer an area plan.

(3)  The secretary may redesignate or designate new area

agencies based on established regulations. The regulations

shall include criteria of efficiencies, appropriateness and

equity and shall provide for public hearings on redesignation

conducted in the affected planning and service areas. Any

determinations of redesignation shall be executed not less

than 100 days prior to the beginning of the fiscal year of

the local authority. A designation or redesignation may

occur:

(i)  if changes are made in established planning and

service area boundaries;

(ii)  if a currently designated area agency is unable

or unwilling to continue as the area agency;

(iii)  if removal of an area agency designation is

requested by the local authority with cause shown; or

(iv)  if the department determines that a currently

designated area agency is incapable of carrying out its

approved area plan.

(4)  The removal of an area agency designation and the

designation of a new area agency shall be carried out under

regulations promulgated by the department and consistent with

the Older Americans Act of 1965.

(5)  For the purpose of this subsection, the term "local

authority" shall mean county commissioners or county council.

(c)  Powers and duties.--

(1)  The area agency shall have the authority to act as

an advocate at all levels of government and within the

community at large for the interests of older adults within

the planning and service area. It shall develop a

comprehensive area plan to coordinate services for older

adults within its planning and service area. The area plan

shall make provision for all of the following:

(i)  Information and referral and advocacy programs.

(ii)  Service coordination or case management of

services, including protective services and long-term

living services.

(iii)  Transportation services.

(iv)  Legal counseling and representation.

(v)  In-home services that recognize consumer choice,

including personal assistance and supportive services,

which shall include consumer-directed services.

(vi)  Assistance to secure adequate housing and

health services.

(vii)  Other services required by Federal law and

services and activities designated by the department or

identified as critical needs by the area agency and the

area agency advisory board. The State plan on aging and

grants and contracts provided by the department shall

reasonably accommodate locally designated priorities and

critical needs.

(viii)  The establishment of an affiliated network of

community senior centers.

(ix)  Congregate and home-delivered meals.

(x)  Information and programs about wellness and

prevention, including management of chronic disease.

(2)  The area agency shall be responsible for working

toward the development, in cooperation with State and local

organizations and agencies, of a continuum of community-based

service and housing options for older adults designed to

maintain them in the community and avoid or delay

institutional care when clinically appropriate. System

development activities shall include coordinating area plans

for the provision, expansion and effective administration of:

(i)  In-home services that recognize consumer choice,

including personal assistance and supportive services,

which shall include consumer-directed services.

(ii)  Housing options such as service-enriched

housing, personal care homes and assisted living

residences.

(iii)  Special supports to caregivers who care for

older adults.

(iv)  Adult daily living services, respite services

and other community-based services to support caregivers.

(v)  The promotion of informal community supports.

(vi)  Assessment programs.

(vii)  Counseling programs to assist individuals in

determining the most appropriate long-term living

services.

(viii)  Special services to protect the health,

safety and welfare of older adults who lack the capacity

to protect themselves.

(ix)  Special advocacy efforts to promote greater

awareness of Alzheimer’s disease and other related

dementia. To the extent that the needs of other adults

affected by Alzheimer's disease and other related

dementia involve and overlap the needs of older adults

addressed under this subparagraph, the area agency shall

serve as an advocate for affected adults of any age.

(3)  The area agency shall give priority of services to

older adults with the greatest social need and greatest

economic need.

(4)  In filling employment vacancies, the area agency

shall assure that preference is given to older adults.

(5)  Consistent with the Older Americans Act of 1965 and

provisions set forth by the department, the area agency may

grant to or contract with any public or private agency for

the provision of social services. The area agency is

authorized to use, with their consent, the services,

equipment, personnel and facilities of Federal and State

agencies, with or without reimbursement and on a similar

basis, to cooperate with other public and private agencies,

and instrumentalities in the use of services, equipment and

facilities.

(d)  Advisory councils.--In each planning and service area,

an advisory council of at least 15 members shall be appointed to

advise the area agency with regard to the needs of older adults

residing in the planning and service area and the area agency’s

responses to those needs. The composition and responsibility of

the area agency advisory council shall be consistent with the

provisions of the Older Americans Act of 1965 and the

regulations of the department. The regulations shall require

that each advisory council be composed of a majority of older

adults. Advisory councils shall be given the maximum possible

opportunity to influence local programs and policies and

advocacy roles within area agency programs and local

communities. Area agencies shall provide advisory councils with

the funds necessary to carry out their functions.

(e)  Reports and plans.--

(1)  Under provisions set forth by the department, the

area agency shall submit to the department a comprehensive

area plan which clearly explains the area agency’s objectives

for providing services to the older adults of the planning

and service area. The plan may be submitted as part of a

coordinated county human service plan if the format is

approved by the department.

(2)  Area plans shall be subject to approval by the

department based on the area agency's demonstration of

compliance with the Older Americans Act of 1965 and other

applicable law, provision of services in a manner that

advances the goal of consistency among the planning and

service areas of the Commonwealth, and other relevant factors

to be determined by the secretary.

(3)  Each area agency, under provisions set forth by the

department, shall submit an annual report which describes and

evaluates its programs and services after the close of each

year of funding by the department.

(f)  Allocation of resources.--

(1)  The area agency shall receive a basic allocation of

resources, consisting of Federal and State funds weighted by

the proportion of poor older adults who reside in the

planning and service area in relation to the total number of

poor older adults who reside in this Commonwealth utilizing

poverty threshold income standards as determined by the

United States Office of Management and Budget.

(2)  The department may allocate additional resources to

area agencies based upon the total number of older adults who

reside within the planning and service area, the availability

of transportation services, the rural-urban distribution of

older adults, rural program cost differentials, the need for

social and medical services, the amount of funds devoted by

county commissioners for older adults and other special

circumstances as determined by the secretary.

(3)  Funds appropriated to carry out the purposes of this

act shall be distributed to the area agencies as grants or

cost reimbursement for services to older adults, if there is

an acceptable plan in accordance with subsection (e).

(g)  Evaluation.--The department shall continually review and

evaluate the activities of area agencies and the impact and

effectiveness of all programs under this act, which may include

an onsite evaluation. A written report of the findings of the

evaluation shall be submitted to the area agency subject to the

evaluation and within 30 days shall be available to the public.

In all evaluations, the department shall obtain the views of

program beneficiaries concerning strengths and weaknesses of the

program. Other departments and agencies of the Commonwealth

shall make available to the department information necessary for

the evaluations. The department shall annually submit to the

Governor and the General Assembly a report on its activities

including statistical data reflecting services and activities

provided older adults during the preceding fiscal year.

Section 7.  Demonstration programs.

In recognition of the need for expanded knowledge and

experience concerning the status of older adults and people with

disabilities in this Commonwealth, the secretary may provide for

research and demonstration programs for the following purposes:

(1)  Studying current living conditions and needs with

special emphasis on persons with low income, medical and

functional disabilities, advanced age and isolated living

situations.

(2)  Studying existing methods and alternatives for

providing services, programs and opportunities.

(3)  Identifying those factors of particular detriment or

benefit to the welfare of older adults and people with

disabilities.

(4)  Developing new approaches and alternatives for

living arrangements, social services, institutional care,

health services, legal representation and the coordination of

community services.

Section 8.  Reorganization.

(a)  Employees.--

(1)  All Department of Public Welfare personnel employed

by the Office of Long-Term Living and the allocations,

appropriations, equipment, files, records, contracts,

agreements, obligations and other materials which are used or

expended by the Department of Public Welfare exclusively in

connection with the powers, duties or functions exercised by

the Office of Long-Term Living are transferred to the

department with the same force and effect as if the

appropriations had been made to and the items had been the

property of the Department of Aging and Long-Term Living and

as if the contracts, agreements and obligations had been

incurred or entered into by the department.

(2)  All Department of Public Welfare personnel involved

with the licensure and regulation of personal care homes and

the allocations, appropriations, equipment, files, records,

contracts, agreements, obligations and other materials which

are used or expended by the Department of Public Welfare

exclusively in connection with the licensure and regulation

of personal care homes are transferred to the department upon

the effective date of this subsection.

(b)  Contracts and obligations.--The reorganization of the

Department of Aging as the department shall not affect the

status of any contract, agreement or obligation entered into by

the Department of Aging.

(c)  Civil service.--All positions in the department shall be

deemed to be included in the list of positions under section

3(d) of the act of August 5, 1941 (P.L.752, No.286), known as

the Civil Service Act, and the provisions and benefits of the

act shall be applicable to the employees of and positions in the

department.

(d)  Personnel.--All personnel transferred to the department

from the Department of Public Welfare under this act shall

retain any civil service or other employment status assigned to

the personnel in those departments and agencies prior to the

effective date of this section.

(e)  References.--A reference in a statute or regulation to

the Department of Aging shall mean a reference to the

department. A reference in a statute or regulation to the

Secretary of Aging shall mean a reference to the secretary.

(f)  Secretary of Aging.--The Secretary of Aging shall become

the secretary on the effective date of this section. Programs

and activities authorized under this act shall not commence

before that date, except that the secretary and adequate staff,

to be supported from the affected authorizations, shall

immediately commence transitional and budgetary activities.

Section 9.  Lottery Fund.

The department shall not expend Lottery funds for the

administration and provision of programs being transferred by

this act from the Department of Public Welfare to provide

services for people with disabilities who are under the age of

60.

Section 10.  Intergovernmental cooperation agreements.

Unless specifically authorized by the General Assembly, the

department shall not enter into any intergovernmental

cooperation agreements with local governments that would

necessitate or result in imposing the terms upon any local

government not a party to the agreement.

Section 19.  Repeals.

Repeals are as follows:

(1)  The General Assembly declares that the repeals under

paragraphs (2) and (3) are necessary to effectuate the

purposes of this act.

(2)  The provisions of the act of June 13, 1967 (P.L.31, 

No.21), known as the Public Welfare Code, are repealed to the

extent that they are inconsistent with this act.

(3)  Article XXII-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed.

(4)  All other acts and parts of acts are repealed

insofar as they are inconsistent with this act.

Section 20.  Effective date.

This act shall take effect as follows:

(1)  Sections 4(b)(9.1) and 8(a)(2) shall take effect

upon adoption of final regulations regarding assisted living

residences pursuant to the act of July 25, 2007 (P.L.402, 

No.56) and publication of the regulations by the Department

of Public Welfare in the Pennsylvania Bulletin.

(2)  The remainder of this act shall take effect July 1,

2009, or immediately, whichever is later.