PRIOR PRINTER'S NO. 2378
PRINTER'S NO. 3132
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ROSS, HENNESSEY, DAVIS, WATSON, PASHINSKI, CLYMER, HAGGERTY, ROCK, COHEN, GODSHALL, BROWNLEE, FRANKEL, GINGRICH, READSHAW, MURT, QUINN, KULA AND MENTZER, SEPTEMBER 25, 2013
AS RE-REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERIVCES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 12, 2014
1Authorizing the Department of Aging to license and inspect
2community adult respite services programs; <-defining
3"community adult respite service providers"; and imposing
4additional powers and duties on the Department of Aging.
7Section 1. Short title.
10Section 2. Definitions.
<-14"Activities of daily living" or "ADL." The term includes
15eating, drinking, ambulating, transferring in and out of bed or
16chair, toileting, bladder and bowel management, personal hygiene
17and proper turning and positioning in a bed or chair.
18"Applicant." An individual, agency, partnership,
3"Area Agency on Aging" or "AAA." The single local agency
4designated by the department within each planning and service
5area to administer the delivery of a comprehensive and
6coordinated plan of social and other services and activities.
9"Community respite services." Services provided or arranged
13"Community adult respite services." For purposes of this
14act, services provided or arranged for part of a 24-hour day in
15a community <-adult respite services program to support
16independence of <-individuals 60 years of age or older who:
23(4) Do not require medication administration.
24(5) May need reminders or gentle redirection. <-adults.
27(1) Is 60 years of age or older.
30(3) May demonstrate symptoms of mild cognitive
6"Community adult respite services program" or "program." <-An
7entity licensed by the department to provide community respite
8services in a setting approved by the department. <-A program
9which provides community adult respite services for part of a
11"Community adult respite services provider" or "provider."
12An individual, agency, partnership, association, organization or
13corporate entity that operates a community adult respite
14services program in a setting approved by the department.
15"Community senior center." For the purposes of this act, a
16facility developed and operated in accordance with provisions of
17Article XXII-A of the act of April 9, 1929 (P.L.177, No.175),
18known as The Administrative Code of 1929.
19"Continuing-care provider." A facility licensed by the
20Insurance Department under the act of June 18, 1984 (P.L.391,
21No.82), known as the Continuing-Care Provider Registration and
25"Department." The Department of Aging of the Commonwealth.
26"Designated person." An individual who <-may be is chosen by a
<-27client and documented in the client's record participant, to be
28notified in case of an emergency, termination of <-service
<-29community adult respite services, program closure or other
30situations as indicated by the <-client participant or as required
5(1) An assisted living residence.
6(2) A continuing-care provider.
7(3) A LIFE program.
8(4) A long-term care nursing facility.
9(5) An older adult daily living center.
10(6) A personal care home.
21"Older adult daily living center." Premises operated for
22profit or not-for-profit in which older adult daily living
23services are simultaneously provided for four or more adults who
24are not relatives of the operator for part of a 24-hour day and
25which premises are subject to licensing under the act of July
2611, 1990 (P.L.499, No.118), known as the Older Adult Daily
27Living Centers Licensing Act.
4Section 3. Legislative findings and declaration.
5The General Assembly finds that:
8(2) Geographically, Pennsylvania's older adults live in
9a variety of settings and it is essential that every possible
10effort is made to help ensure that Pennsylvanians age and
11live well and that communities will be places to help them
12age and live well.
13(3) It is in the best interest of all Pennsylvanians to
14support policies that help older individuals maintain
15independence and dignity in their homes and communities,
16while also providing assurance to their loved ones that they
17are safe and afforded access to care and services at the
18right time, in the right setting and at the right intensity.
19(4) It is in the best interest of the Commonwealth to
20establish community <-adult respite services programs that
21provide programming designed to support independence of
22individuals, while also providing peace of mind to their
23loved ones who may have concerns that leaving them alone may
24jeopardize their health, safety and well-being.
30Section 5. License term and content. <-offered by licensed long-
1term care service providers.
2Notwithstanding any other act to the contrary, an individual,
3agency, partnership, association, organization or corporate
4entity licensed as a long-term care service provider shall not
5be required to obtain a separate license to maintain, operate or
6conduct a community adult respite services program in accordance
7with the provisions of this act, provided that the individual,
8agency, partnership, association, organization or corporate
9entity so licensed notifies the department by letter of its
10intent to establish and operate a community adult respite
11services program, in accordance with the provisions of this act.
12Section 5. License applicant letter of intent required.
13In order to obtain a license to maintain, operate or conduct
14a community adult respite services program in accordance with
15this act, the applicant must notify the department by letter of
16its intent to apply for a license to establish and operate a
17community adult respite services program.
20Except for licensed long-term care service providers that
21fall within the provisions of section 4, no individual, agency,
22partnership, association, organization or corporate entity may
23maintain, operate, conduct or hold itself out as a community
24adult respite services program provider without having a license
25issued by the department.
1applicant a license to operate a program.
2(b) Term and content.--A license shall:
5(2) Be on a form prescribed by the department.
6(3) Not be transferable.
<-14(e) Identification of program coordinator.--An applicant
15shall identify and designate a program coordinator who shall be
16on site and serve as the official representative and contact for
17a community adult respite services program. A program
18coordinator and any employee of the program are prohibited from
19being assigned power of attorney or guardianship for any
21(f) Responsibility of program coordinator.--The program
22coordinator shall be responsible for the intake and enrollment
23of community adult respite services participants through a
24process that ensures the eligibility of the participants in the
28(a) Determination by AAA.--
10(b) Identification of program coordinator.--Each program
11shall identify and designate a program coordinator who shall be
12onsite and serve as the official representative and contact for
13a community respite services program.
14Section <-7 8. Right to enter and inspect.
<-15The local program administrator as established in accordance
16with section 6 <-(a) General rule.--Subject to section 7, the
17department may enter, visit and inspect any program licensed or
18requiring a license under this act. In accordance with
19applicable regulatory authority, the <-monitoring and oversight
20entity <-department shall have full and free access to the records
21of a community adult respite services program and to the <-clients
22and full opportunity to interview, inspect or examine such
23clients <-participants to interview and evaluate such
28Section <-8 9. Determination of eligibility.
1prospective <-clients participants.
2(b) Ongoing monitoring.--The program shall include a process
3whereby <-clients participants shall be monitored regularly to
4ensure that they <-do not become ineligible for community respite
5services. The process shall be overseen by either the AAA or the
6department, in accordance with section 6 and with applicable
7regulations of the department. <-do not become ineligible for
8community adult respite services.
9Section <-9 10. Conditions of ineligibility.
14(2) requires medication assistance;
17(4) is unable to express critical needs.
<-18(a) General rule.--An enrolled participant who no longer
19meets the definition of a community adult respite services
20participant must be disenrolled from the program in accordance
21with the provisions of subsection (b).
5(2) Work with the participant or designated person and
6local program administrator to develop a transition plan
7before the participant is disenrolled from the community
8adult respite services program.
9(c) AAA eligibility assessment required.--When a participant
10is determined to be ineligible for community adult respite
11services while in a program, the program coordinator shall
12contact the AAA to request an eligibility assessment.
15(a) General rule.--The department shall work in cooperation
16with the AAAs, representatives of the adult day community<-
17licensed long-term care service providers and <-representatives of
18the senior centers to promulgate regulations <-representatives of
19community senior centers to promulgate guidance such as
20regulations or statements of policy governing community <-adult
21respite services programs, no later than one year after the
22effective date of this section. The regulations shall establish
23minimum standards, including, but not limited to:
30(4) <-To establish a A licensing appeal process, and to
6(6) Enforcement provisions.
10Section <-11 12. Construction.
11Nothing in this act shall be construed to preclude continued
12participation by individuals under 60 years of age who are
13participating in a community <-adult respite services program on
14the effective date of this <-act section.
15Section <-12 13. Effective date.
16This act shall take effect in 180 days.