PRINTER'S NO.  335

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

311

Session of

2009

  

  

INTRODUCED BY GINGRICH, BELFANTI, BEYER, GEIST, GROVE, HENNESSEY, HESS, HORNAMAN, KAUFFMAN, KORTZ, MAJOR, MOUL, PHILLIPS, PICKETT, RAPP, ROSS, SIPTROTH, STABACK AND VULAKOVICH, FEBRUARY 9, 2009

  

  

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 9, 2009  

  

  

  

AN ACT

  

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Providing for the training and certification of qualified

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assessors of individuals needing long-term care services, for

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the powers and duties of the Department of Aging and for

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report to General Assembly.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Long-Term

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Care Assessor Training and Certification Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Comprehensive assessment."  A thorough and independent

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review and analysis of a consumer's functional status and

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financial resources. The term includes a personal history,

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assessment of physical and emotional health, ability to carry

 


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out activities of daily living, informal supports, environmental

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factors and cognitive functioning, including immobility

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assessment.

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"Comprehensive service plan."  A plan developed to meet a

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consumer's individual needs, as determined by a comprehensive

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assessment and developed by an interdisciplinary team that

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includes the consumer, the consumer's legal representatives, the

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consumer's family member and an appropriate professional on

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aging as defined by regulation of the department.

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"Consumer."  An individual seeking long-term care services.

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"Department."  The Department of Aging of the Commonwealth.

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"Long-term care services."  Functionally necessary or

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medically necessary diagnostic, preventive, therapeutic,

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rehabilitative, maintenance or personal care services provided

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in a setting other than an acute care unit of a hospital.

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"Options program."  The Long-Term Care Preadmission

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Assessment Program and the Community Services for Nursing

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Facility Eligibility Program administered by the Department of

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Aging and operated by the local area agencies on aging.

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"Qualified assessor."  A person approved by the Department of

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Aging as qualified to conduct assessments of consumers and

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develop service plans based thereon. The term includes a

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qualified employee of an area agency on aging, a qualified

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employee of a licensed entity providing long-term care services

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or a qualified independent entity. The term does not include a

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hospital discharge planner or other staff or employee of an

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insured's health or long-term care insurance company.

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Section 3.  Duties of department.

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(a)  Development of qualified assessor program.--The

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department shall develop a training and certification program

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for qualified assessors. Only those qualified assessors trained

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and certified by the department shall be permitted to conduct

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assessments that identify the services a consumer requires and

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that serve as the basis for a comprehensive service plan. This

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program shall be separate from the Options program. However,

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nothing in this act shall be construed to permit a qualified

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assessor, other than a local area agency on aging, to perform an

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Options program assessment.

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(b)  List of qualified assessors.--The department shall

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develop and make available to the public a listing of qualified

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assessors. The listing shall be updated at least monthly and

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shall be available on the department's Internet website and

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through the local area agencies on aging.

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Section 4.  Duties of qualified assessors.

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(a)  Certification required.--

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(1)  A qualified assessor shall certify that any

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assessment or reassessment the qualified assessor conducts is

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true and correct to the best of that qualified assessor's

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knowledge and skill at the time of assessment.

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(2)  The department shall revoke the certification of any

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qualified assessor who falsely certifies a need for services.

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(b)  Standardized screening instrument.--A qualified assessor

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shall utilize a standardized screening instrument. The

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instrument shall be developed by the department, in cooperation

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with the Department of Public Welfare, the Department of Health

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and the Intra-Governmental Council on Long-Term Care, within six

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months of the effective date of this section.

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Section 5.  Report to General Assembly.

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Within one year of the effective date of this section, the

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department shall provide to the General Assembly a report on

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programs within this Commonwealth and throughout the United

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States that seek to maximize the effectiveness of charitable

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pharmaceutical programs and to provide recommendations for new

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laws and initiatives within this Commonwealth to enhance the

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ability of Pennsylvanians to take advantage of such programs.

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Section 6.  Rules and regulations.

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The department shall work in cooperation with the Department

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of Public Welfare, the Department of Health and the Intra-

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Governmental Council on Long-Term Care to develop rules and

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regulations to implement this act. Within six months of the

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effective date of this section, the department shall promulgate

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regulations to implement this act.

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Section 7.  Effective date.

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This act shall take effect as follows:

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(1)  Section 5 shall take effect immediately.

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(2)  This section shall take effect immediately.

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(3)  The remainder of this act shall take effect in one

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year.

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