PRINTER'S NO. 2378
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ROSS, HENNESSEY, DAVIS, WATSON, PASHINSKI, CLYMER, HAGGERTY, ROCK, COHEN, GODSHALL, BROWNLEE, FRANKEL, GINGRICH, READSHAW, MURT, QUINN AND KULA, SEPTEMBER 25, 2013
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, SEPTEMBER 25, 2013
6Section 1. Short title.
9Section 2. Definitions.
13"Area Agency on Aging" or "AAA." The single local agency
14designated by the department within each planning and service
15area to administer the delivery of a comprehensive and
16coordinated plan of social and other services and activities.
17"Client." An individual who receives community respite
1services in a community respite services program.
12(4) Do not require medication administration.
13(5) May need reminders or gentle redirection.
17"Department." The Department of Aging of the Commonwealth.
18"Designated person." An individual who may be chosen by a
19client and documented in the client's record, to be notified in
20case of an emergency, termination of service, program closure or
21other situations as indicated by the client or as required by
22this act. The term includes a client's legal representative.
23Section 3. Legislative findings and declaration.
24The General Assembly finds that:
27(2) Geographically, Pennsylvania's older adults live in
28a variety of settings and it is essential that every possible
29effort is made to help ensure that Pennsylvanians age and
30live well and that communities will be places to help them
1age and live well.
2(3) It is in the best interest of all Pennsylvanians to
3support policies that help older individuals maintain
4independence and dignity in their homes and communities,
5while also providing assurance to their loved ones that they
6are safe and afforded access to care and services at the
7right time, in the right setting and at the right intensity.
8(4) It is in the best interest of the Commonwealth to
9establish community respite services programs that provide
10programming designed to support independence of individuals,
11while also providing peace of mind to their loved ones who
12may have concerns that leaving them alone may jeopardize
13their health, safety and well-being.
19Section 5. License term and content.
20(a) General rule.--The department shall, after an
21investigation and after a departmental determination that the
22applicant complies with the provisions of this act, issue to an
23applicant a license to operate a program.
24(b) Term and content.--A license shall:
27(2) Be on a form prescribed by the department.
28(3) Not be transferable.
8(a) Determination by AAA.--
9(1) Prior to implementation of this act, the AAA in each
10planned services area shall make a determination of whether
11it will assume monitoring and oversight of programs, in
12accordance with department regulations.
20(b) Identification of program coordinator.--Each program
21shall identify and designate a program coordinator who shall be
22onsite and serve as the official representative and contact for
23a community respite services program.
24Section 7. Right to enter and inspect.
25The local program administrator as established in accordance
26with section 6 may enter, visit and inspect any program licensed
27or requiring a license under this act. In accordance with
28applicable regulatory authority, the monitoring and oversight
29entity shall have full and free access to the records of a
30community respite services program and to the clients and full
1opportunity to interview, inspect or examine such clients.
2Section 8. Determination of eligibility.
6(b) Ongoing monitoring.--The program shall include a process
7whereby clients shall be monitored regularly to ensure that they
8do not become ineligible for community respite services. The
9process shall be overseen by either the AAA or the department,
10in accordance with section 6 and with applicable regulations of
12Section 9. Conditions of ineligibility.
17(2) requires medication assistance;
20(4) is unable to express critical needs.
1Section 10. Regulations.
2(a) General rule.--The department shall work in cooperation
3with the AAAs, representatives of the adult day community and
4representatives of the senior centers to promulgate regulations
5governing community respite services programs, no later than one
6year after the effective date of this section. The regulations
7shall establish minimum standards, including, but not limited
21Section 11. Construction.
22Nothing in this act shall be construed to preclude continued
23participation by individuals under 60 years of age who are
24participating in a community respite services program on the
25effective date of this act.
26Section 12. Effective date.
27This act shall take effect in 180 days.