THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOHNSON, BROWN, BELFANTI, BRENNAN, D. COSTA, DeLUCA, GEORGE, GINGRICH, GRUCELA, HALUSKA, W. KELLER, KIRKLAND, KOTIK, MAHONEY, MANN, McGEEHAN, MOUL, MUNDY, MURPHY, PARKER, SIPTROTH, K. SMITH, STABACK, STURLA, VULAKOVICH, WHITE, O'NEILL, KORTZ, BOBACK AND MYERS, FEBRUARY 9, 2009

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 23, 2009   

AN ACT

Amending the act of November 6, 1987 (P.L.381, No.79), entitled

"An act relating to the protection of the abused, neglected,

exploited or abandoned elderly; establishing a uniform

Statewide reporting and investigative system for suspected

abuse, neglect, exploitation or abandonment of the elderly;

providing protective services; providing for funding; and

making repeals," further defining "facility"; providing for

the definitions of "chronic dementia" and "cognitive

impairment" and for certain disclosures to facility

residents; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "facility" in section 103 of

the act of November 6, 1987 (P.L.381, No.79), known as the Older

Adults Protective Services Act, amended December 18, 1996 (P.L.

1125, No.169), is amended and the section is amended by adding

definitions to read:

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Chronic dementia."  An irreversible global loss of cognitive

function causing evident intellectual impairment which always

includes memory loss, without alteration of state of

consciousness as diagnosed by a physician and is severe enough

to interfere with work or social activities, or both, and to

require continuous care or supervision.

* * *

"Cognitive impairment."  A mental or emotional condition or

disorder that substantially affects a person's ability to

reason, understand and make decisions.

* * *

"Facility."  Any of the following:

(1)  A domiciliary care home as defined in section 2202-A

of the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

(2)  A home health care agency.

(3)  A long-term care nursing facility as defined in

section 802.1 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act.

(4)  An older adult daily living center as defined in

section 2 of the act of July 11, 1990 (P.L.499, No.118),

known as the Older Adult Daily Living Centers Licensing Act.

(5)  A personal care home as defined in section 1001 of

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

Welfare Code.

(6)  An assisted living residence as defined in section

1001 of the act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code.

* * *

Section 2.  The act is amended by adding a section to read:

Section 5101.  Physician disclosure.

(a)  Disclosure.--In any facility in which a physician holds

a financial or ownership interest and is the attending or

primary care physician for a resident or prospective resident of

the facility the physician shall disclose the interest to each 

facility resident or prospective resident and responsible family

<--

member or legal representative of the facility resident or

<--

prospective resident. The resident or responsible family member

<--

or legal representative of the residentFOLLOWING shall have the

<--

right to choose the physician disclosing the interest or an

independent physician as the resident's primary care physician 

<--

of the facility resident or prospective resident:

<--

(1)  the resident or prospective resident of the

facility; or

(2)  the family member or legal representative of the

resident or prospective resident of the facility.

(b)  Violation.--A physician who violates this section is

subject to disciplinary action under the act of October 5, 1978

(P.L.1109, No.261), known as the Osteopathic Medical Practice

Act, or the act of December 20, 1985 (P.L.457, No.112), known as

the Medical Practice Act of 1985.

(c)  Regulations.--The department shall promulgate rules and

regulations regarding oversight, compliance and enforcement

under this section, including cases where a facility resident or

prospective resident has a cognitive impairment or chronic

dementia and has no responsible family member or legal

representative.

Section 3.  Sections 5101 and 5102 of the act, amended

December 18, 1996 (P.L.1125, No.169), are amended to read:

Section [5101] 5190.  Repeals.

All other acts and parts of acts are repealed insofar as they

are inconsistent with this act.

Section [5102] 5191.  Effective date.

This act shall take effect July 1, 1988.

Section 4.  This act shall take effect in 60 days.