THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SWANGER, HENNESSEY, CALTAGIRONE, COHEN, GINGRICH, HORNAMAN, JAMES, MICOZZIE, MILNE, MULLERY, MURT, QUINN, RAPP, SAYLOR, CULVER, SCHMOTZER, WATERS, WATSON, WILLIAMS AND YOUNGBLOOD, OCTOBER 2, 2012

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, OCTOBER 2, 2012  

AN ACT

Establishing the Pennsylvania Long-term Care Council; providing

for its powers and duties; and repealing related provisions

of the Public Welfare Code.

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 Pennsylvania

Long-term Care Council 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:

"Council."  The Pennsylvania Long-term Care Council.

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

Section 3.  Pennsylvania Long-term Care Council.

(a)  Establishment.--The Pennsylvania Long-term Care Council

is established within the department.

(b)  Membership.--The council shall be composed of and

appointed in accordance with the following:

(1)  The Secretary of Aging.

(2)  The Secretary of Community and Economic Development.

(3)  The Secretary of Health.

(4)  The Secretary of Public Welfare.

(5)  The Insurance Commissioner.

(6)  The Executive Director of the Pennsylvania Housing

Finance Agency.

(7)  Two members of the House of Representatives, one

appointed by the Speaker of the House of Representatives and

one appointed by the Minority Leader.

(8)  Two members of the Senate, one appointed by the

President pro tempore and one appointed by the Minority

Leader.

(9)  The following members to be recommended by the

Secretary of Aging for appointment by the Governor as

follows:

(i)  One representative from the Pennsylvania Council

on Aging.

(ii)  Five members who represent consumer advocacy

groups.

(iii)  One member who represents the elder law

section of the Pennsylvania Bar Association.

(iv)  A licensed insurance producer with at least ten

years' experience in the long-term care insurance market

who is a member of an association through which members

sell, solicit and negotiate contracts of health

insurance.

(v)  Five members who represent providers throughout

the long-term care continuum.

(vi)  Four members of the public who represent

business, labor, housing and the medical community, as

the Governor shall appoint.

(c)  Designee.--With the exception of the chairperson,

governmental members may appoint a designee to attend and vote

at meetings of the council. Each governmental member who

appoints a designee shall do so by sending a letter to the

chairperson stating the name of that designee.

(d)  Chairperson.--The Secretary of Aging shall serve as

chairperson.

(e)  Executive director.--The Secretary of Aging shall

appoint an executive director of the council.

(f)  Terms of members.--

(1)  The terms of those members who serve by virtue of

the public office they hold shall be concurrent with their

service in the office from which they derive their

membership.

(2)  The remaining members shall serve until their

successors are appointed, provided that they represent the

interest of the membership class for which they were

appointed.

(g)  Expenses.--Members shall not receive compensation or

remuneration, but shall be entitled to reimbursement for all

reasonable and necessary actual expenses accrued in the

performance of their duties as members.

Section 4.  Powers and duties of council.

(a)  General rule.--The council shall have the following

powers and duties:

(1)  To consult with various departments and agencies and

to make recommendations on regulations, licensure, financing

or any other responsibilities of those departments or

agencies relating to long-term care.

(2)  To perform such other duties as the Governor may

assign relating to long-term care.

(3)  To approve reports produced by any committee

established under section 5 before release to the public or

the General Assembly.

(4)  To develop and adopt rules for conducting council

meetings, including, but not limited to, the procedure for

formally adopting the approval of committee reports before

release to the public.

(5)  To develop and adopt rules for conducting committee

meetings. This power includes, but is not limited to,

determining the scope of responsibilities for each committee,

the number of members for each committee and the procedure

for formally adopting the approval of committee reports

before release to the council.

(6)  To assign topics for research and study to each

committee. Nothing in this paragraph shall be construed to

prohibit a committee from proposing topics for consideration

to the council.

(b)  Scope.--All the powers and duties enumerated in this

section shall be performed in a manner that addresses all areas

of long-term care, including institutional care and home-based

and community-based services.

Section 5.  Council committees.

(a)  Establishment.--The council shall establish committees

to address the following areas:

(1)  Regulatory review and access to care.

(2)  Community access and public education.

(3)  Long-term care services models and delivery.

(4)  Work force.

(b)  Composition.--The council chairperson, with concurrence

by the council, shall appoint committee members to serve in the

same manner as section 3(f). The members shall represent:

(1)  Advocacy groups.

(2)  Consumers.

(3)  Long-term care providers.

(4)  Direct caregivers.

(5)  The general public.

(6)  Governmental entities.

(c)  Chairpersons and vice chairpersons.--The chairperson of

the council shall appoint a chairperson and vice chairperson for

each committee.

(d)  Duties.--The council committees shall have the following

powers and duties:

(1)  To study and report on the topics assigned by the

council.

(2)  To retain individuals, with the permission of the

council, to assist in researching, studying and drafting

reports for the council.

(3)  To approve reports and recommendations for

submission to the council. Only members appointed to the

committee may participate in approving reports and

recommendations.

Nothing in this section shall be construed to prohibit the

chairperson, with concurrence by the council, from establishing

additional committees or ad hoc work groups to assist the

council of committees.

Section 6.  Existing council members.

(a)  General rule.--Nongovernmental members of the Intra-

Governmental Council on Long-Term Care currently serving on the

council shall continue to serve until successors are appointed.

(b)  Construction.--Nothing in this section shall be

construed to prohibit the reappointment of existing members.

Section 7.  Repeal.

Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  Section 212 of the act of June 13, 1967 (P.L.31,

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

Section 8.  Effective date.

This act shall take effect in six months.