1Establishing the Pennsylvania Long-term Care Council; providing
2for its powers and duties; and repealing related provisions
3of the Public Welfare Code.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Short title.
7This act shall be known and may be cited as the Pennsylvania
8Long-term Care Council Act.
9Section 2. Definitions.
10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:
13"Council." The Pennsylvania Long-term Care Council.
14"Department." The Department of Aging of the Commonwealth.
15Section 3. Pennsylvania Long-term Care Council.
16(a) Establishment.--The Pennsylvania Long-term Care Council
17is established within the department.
18(b) Membership.--The council shall be composed of and
1appointed in accordance with the following:
2(1) The Secretary of Aging.
3(2) The Secretary of Community and Economic Development.
4(3) The Secretary of Health.
5(4) The Secretary of Public Welfare.
6(5) The Insurance Commissioner.
7(6) The Executive Director of the Pennsylvania Housing
9(7) Two members of the House of Representatives, one
10appointed by the Speaker of the House of Representatives and
11one appointed by the Minority Leader.
12(8) Two members of the Senate, one appointed by the
13President pro tempore and one appointed by the Minority
15(9) The following members to be recommended by the
16Secretary of Aging for appointment by the Governor as
18(i) One representative from the Pennsylvania Council
20(ii) Five members who represent consumer advocacy
22(iii) One member who represents the elder law
23section of the Pennsylvania Bar Association.
24(iv) A licensed insurance producer with at least ten
25years' experience in the long-term care insurance market
26who is a member of an association through which members
27sell, solicit and negotiate contracts of health
29(v) Five members who represent providers throughout
30the long-term care continuum.
1(vi) Four members of the public who represent
2business, labor, housing and the medical community, as
3the Governor shall appoint.
4(c) Designee.--With the exception of the chairperson,
5governmental members may appoint a designee to attend and vote
6at meetings of the council. Each governmental member who
7appoints a designee shall do so by sending a letter to the
8chairperson stating the name of that designee.
9(d) Chairperson.--The Secretary of Aging shall serve as
11(e) Executive director.--The Secretary of Aging shall
12appoint an executive director of the council.
13(f) Terms of members.--
14(1) The terms of those members who serve by virtue of
15the public office they hold shall be concurrent with their
16service in the office from which they derive their
18(2) The remaining members shall serve until their
19successors are appointed, provided that they represent the
20interest of the membership class for which they were
22(g) Expenses.--Members shall not receive compensation or
23remuneration, but shall be entitled to reimbursement for all
24reasonable and necessary actual expenses accrued in the
25performance of their duties as members.
26Section 4. Powers and duties of council.
27(a) General rule.--The council shall have the following
28powers and duties:
29(1) To consult with various departments and agencies and
30to make recommendations on regulations, licensure, financing
1or any other responsibilities of those departments or
2agencies relating to long-term care.
3(2) To perform such other duties as the Governor may
4assign relating to long-term care.
5(3) To approve reports produced by any committee
6established under section 5 before release to the public or
7the General Assembly.
8(4) To develop and adopt rules for conducting council
9meetings, including, but not limited to, the procedure for
10formally adopting the approval of committee reports before
11release to the public.
12(5) To develop and adopt rules for conducting committee
13meetings. This power includes, but is not limited to,
14determining the scope of responsibilities for each committee,
15the number of members for each committee and the procedure
16for formally adopting the approval of committee reports
17before release to the council.
18(6) To assign topics for research and study to each
19committee. Nothing in this paragraph shall be construed to
20prohibit a committee from proposing topics for consideration
21to the council.
22(b) Scope.--All the powers and duties enumerated in this
23section shall be performed in a manner that addresses all areas
24of long-term care, including institutional care and home-based
25and community-based services.
26Section 5. Council committees.
27(a) Establishment.--The council shall establish committees
28to address the following areas:
29(1) Regulatory review and access to care.
30(2) Community access and public education.
1(3) Long-term care services models and delivery.
2(4) Work force.
3(b) Composition.--The council chairperson, with concurrence
4by the council, shall appoint committee members to serve in the
5same manner as section 3(f). The members shall represent:
6(1) Advocacy groups.
8(3) Long-term care providers.
9(4) Direct caregivers.
10(5) The general public.
11(6) Governmental entities.
12(c) Chairpersons and vice chairpersons.--The chairperson of
13the council shall appoint a chairperson and vice chairperson for
15(d) Duties.--The council committees shall have the following
16powers and duties:
17(1) To study and report on the topics assigned by the
19(2) To retain individuals, with the permission of the
20council, to assist in researching, studying and drafting
21reports for the council.
22(3) To approve reports and recommendations for
23submission to the council. Only members appointed to the
24committee may participate in approving reports and
26Nothing in this section shall be construed to prohibit the
27chairperson, with concurrence by the council, from establishing
28additional committees or ad hoc work groups to assist the
29council of committees.
30Section 6. Existing council members.
1(a) General rule.--Nongovernmental members of the Intra-
2Governmental Council on Long-Term Care currently serving on the
3council shall continue to serve until successors are appointed.
4(b) Construction.--Nothing in this section shall be
5construed to prohibit the reappointment of existing members.
6Section 7. Repeal.
7Repeals are as follows:
8(1) The General Assembly declares that the repeal under
9paragraph (2) is necessary to effectuate this act.
10(2) Section 212 of the act of June 13, 1967 (P.L.31,
11No.21), known as the Public Welfare Code, is repealed.
12Section 8. Effective date.
13This act shall take effect in six months.