THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOBACK, CALTAGIRONE, CARROLL, CAUSER, COHEN, CONKLIN, DAVIS, FABRIZIO, FLECK, FREEMAN, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HALUSKA, HELM, KAUFFMAN, KAVULICH, W. KELLER, KILLION, KORTZ, KULA, MAJOR, MANN, MARSHALL, MILLARD, MILLER, MURT, MUSTIO, MYERS, PASHINSKI, PEIFER, PICKETT, QUINN, RAPP, ROCK, SCAVELLO, K. SMITH, STERN, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, GILLEN, D. COSTA, PETRI, BEAR AND THOMAS, FEBRUARY 8, 2011

AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2012   

AN ACT

Requiring certain long-term care facilities to coordinate with

licensing agencies and local area agencies on aging to

provide assistance to consumers in circumstances involving

relocation of consumers; and providing for powers and duties

of the Department of Aging.

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 Long-Term

Care Consumer Relocation Coordination Act.

Section 2.  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:

"Another setting."  Any location, including a consumer's

<--

home, where a consumer receives services or supports A location,

<--

other than a facility, where services or supports may be

provided.

"Area agency on aging" or "AAA."  The single local agency

designated by the department within each planning and service

area to administer the delivery of a comprehensive and

coordinated plan of social and other services and activities in

the planning and service area.

"Consumer."  A person who receives services resides in a

<--

facility.

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

"Designated person."  An individual who may be chosen by a

<--

consumer and whose selection is documented in the consumer's

record to be notified in case of emergency, termination of

service, facility closure or for reasons requested by the

consumer or as required under this act.

"Facility."  Any of the following:

(1)  A home that provides domiciliary care 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 personal care home or 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.

(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.

"Licensing agency."  In the case of:

(1)  A domiciliary care home, the Department of Aging.

(2)  A long-term care nursing facility, the Department of

Health.

(3)  A personal care home or an assisted living

residence, the Department of Public Welfare.

"Long-term care ombudsman" or "ombudsman."  An agent of the

Department of Aging, who, under section 2203-A of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929, investigates and seeks to resolve complaints made

by or on behalf of older individuals who are consumers of

facilities, which complaints may relate to action, inaction or

decisions of facilities, public agencies or of social agencies

or their representatives, and which may adversely affect the

health, safety, welfare, interests, preferences or rights of

consumers.

"Relocation."  The involuntary transfer of a consumer from

<--

one facility to another or involuntary discharge of a consumer

<--

from a facility to another setting due to closure or sanction.

<--

All transfers of consumers without a responsible person shall be

considered relocations for the purposes of this act facility

<--

closure.

"Responsible person."  A person who is not an employee of a

<--

facility and, when appropriate, is responsible for making

decisions on behalf of the consumer with respect to relocations

under this act. The person shall be so designated by the

consumer or the court, and documentation shall be available in

the consumer's record to this effect.

Section 3.  Coordination efforts in relocation situations.

(a)  General rule.--Other than situations described in

<--

subsection (b), at least 30 days prior to relocation of a

consumer, a facility shall provide a written notice to the

consumer and the consumer's responsible person and shall notify

the appropriate licensing agency and both the area agency on

aging within their designated area and the area agency on aging

within the designated area of the facility to which the consumer

is being relocated.

(b)  Exceptions.--Prior to a relocation situation involving

the imminent removal of a consumer in order to ensure the

consumer's health and safety, a facility shall notify the

consumer and the consumer's responsible person and shall contact

the appropriate licensing agency and both the area agency on

aging within their designated area and the area agency on aging

within the designated area of the facility to which the consumer

is being relocated. as specified in subsection (b), at least 30

<--

days prior to relocation of a consumer, a facility shall provide

a written notice to the consumer and the consumer's designated

person and shall notify its licensing agency, the area agency on

aging within its geographic region and the area agency on aging

within the geographic region of the facility to which the

consumer is being relocated. Facilities shall retain full

responsibility for discharge planning for all relocations.

(b)  Exceptions.--Emergency relocations shall be excluded

from the requirements of subsection (a) under the following

circumstances:

(1)  Immediate health or safety risk to the consumer as

determined by the licensing agency or facility in conjunction

with the ombudsman.

(2)  Licensing action taken requiring closure of the

facility with less than 30 days' notice to the facility.

(c)  Administrative cooperation.--When a relocation occurs,

the affected facilities, licensing agencies and local area

agencies on aging shall:

(1)  Coordinate efforts to ensure the protection of the

health and safety of the consumer and ensure smooth

relocation for each consumer at the facility.

(2)  Share relevant information concerning the consumer

and the relocation plans and process, including, but not

limited to, conducting site visits for alternative placement.

(3)  Cooperate in order to ensure that any other agencies

that may serve certain specific populations, including, but

not limited to, mental health, mental retardation and

veterans' affairs, shall be included in the relocation

process, as appropriate.

(4)  (i)  Coordinate the relocation process so that

consumer relocation occurs only between the hours of

7 a.m. and 7 p.m.

(ii)  Subparagraph (i) shall not apply in emergencies

where consumers must be relocated in order to ensure

their health and safety.

(d)  Long-term care ombudsman duties.--

(1)  The local ombudsman shall ensure that a consumer,

and if appropriate, the consumer's designated person, acting

within the scope of that person's authority, is involved in

planning such transfers and is afforded the right to choose

among the available alternative placements.

(2)  The ombudsman shall also assist consumers who are 60

years of age and older and shall refer consumers, regardless

of age, to appropriate social service agencies.

(3)  Nothing in this act shall be construed to preclude

<--

(3)  Nothing in this act shall be construed to:

<--

(i)  Preclude the right of a licensing agency to make

temporary placement until final placement can be

arranged.

(ii)  Supplant existing requirements for contacting

<--

the ombudsman.

(iii)  Supplant existing requirements applicable to

transfers of nursing facility residents.

(e)  Record of relocation incident.--

(1)  An AAA shall maintain a record of each relocation

incident in which the local ombudsman is involved and shall

upon request share that information with the licensing

agency, the department and, to the extent that release of

that information is relevant to an investigation of criminal

activity, law enforcement officials. The information shall be

stored electronically by an AAA that may, at its discretion,

destroy hard copies of the information.

(2)  The department shall provide technical assistance

and guidance to the local ombudsman to ensure that laws and

regulations regarding confidentiality of information are

strictly adhered to.

(3)  The department shall monitor and track relocation

records to identify trends and issues that may need to be

addressed.

Section 4.  Enforcement.

(a)  Appropriate licensing agencies.--In a relocation, the

<--

appropriate licensing agency shall take a lead role to ensure

that facilities involved in the relocation comply with the

provisions of this act as a condition of licensure. The

<--

licensing agency shall ensure that a facility is in compliance

with the provisions of this act and may cite a facility for

noncompliance identified during a routine or complaint

investigation.

(b)  Department.--The department shall ensure that the local

ombudsman and each area agency on aging complies comply with the

<--

provisions of this act.

(c)  Promulgation of regulations.--The department shall may,

<--

in consultation with the Department of Health and the Department

of Public Welfare, develop rules and regulations as deemed

<--

necessary at the discretion of the department to implement this

act, including sanctions to be imposed for noncompliance.

Section 5.  Effective date.

This act shall take effect in 180 days.