PRIOR PRINTER'S NOS. 2378, 3132, 3706
PRINTER'S NO. 4151
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
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, IN SENATE, SEPTEMBER 22, 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.
4"Area Agency on Aging" or "AAA." The single local agency
5designated by the department within each planning and service
6area to administer the delivery of a comprehensive and
7coordinated plan of social and other services and activities.
11"Community adult respite services." For purposes of this
12act, services provided or arranged for part of a 24-hour day in
13a community adult respite services program to support
14independence of <-adults participants.
17(1) Is 60 years of age or older.
3"Community senior center." For the purposes of this act, a
4facility developed and operated in accordance with provisions of
5Article XXII-A of the act of April 9, 1929 (P.L.177, No.175),
6known as The Administrative Code of 1929.
13"Department." The Department of Aging of the Commonwealth.
14"Designated person." An individual who is chosen by a
15participant, to be notified in case of an emergency, termination
16of community adult respite services, program closure or other
17situations as indicated by the participant or as required by
18this act. The term includes a participant's legal
22(1) An assisted living residence.
23(2) A continuing-care provider.
24(3) A LIFE program.
25(4) A long-term care nursing facility.
26(5) An older adult daily living center.
27(6) A personal care home.
10"Older adult daily living center." Premises operated for
11profit or not-for-profit in which older adult daily living
12services are simultaneously provided for four or more adults who
13are not relatives of the operator for part of a 24-hour day and
14which premises are subject to licensing under the act of July
1511, 1990 (P.L.499, No.118), known as the Older Adult Daily
16Living Centers Licensing Act.
<-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 adult respite services programs that
10provide programming designed to support independence of
11individuals, while also providing peace of mind to their
12loved ones who may have concerns that leaving them alone may
13jeopardize their health, safety and well-being.
16Notwithstanding any other act to the contrary, an individual,
17agency, partnership, association, organization or corporate
18entity licensed as a long-term care service provider shall not
19be required to obtain a separate license to maintain, operate or
20conduct a community adult respite services program in accordance
21with the provisions of this act, provided that the individual,
22agency, partnership, association, organization or corporate
23entity so licensed notifies the department by letter of its
24intent to establish and operate a community adult respite
25services program, in accordance with the provisions of this act.
26Section <-5 4. License applicant letter of intent required.
27In order to obtain a license to maintain, operate or conduct
28a community adult respite services program in accordance with
29this act, the applicant must notify the department by letter of
30its intent to apply for a license to establish and operate a
1community adult respite services program.
4Except for licensed long-term care service providers that
5fall within the provisions of section <-4 3, no individual,
6agency, partnership, association, organization or corporate
7entity may maintain, operate, conduct or hold itself out as a
8community adult respite services program provider without having
9a license issued by the department.
12(a) General rule.--The department shall, after an
13investigation and after a departmental determination that the
14applicant complies with the provisions of this act, issue to an
15applicant a license to operate a program.
16(b) Term and content.--A license shall:
19(2) Be on a form prescribed by the department.
20(3) Not be transferable.
5(f) Responsibility of program coordinator.--The program
6coordinator shall be responsible for the intake and enrollment
7of community adult respite services participants through a
8process that ensures the eligibility of the participants in the
10Section <-8 7. Right to enter and inspect.
11(a) General rule.--Subject to section <-7 6, the department
12may enter, visit and inspect any program licensed or requiring a
13license under this act. In accordance with applicable regulatory
14authority, the department shall have full and free access to the
15records of a community adult respite services program and to the
16participants to interview and evaluate such participants.
20Section <-9 8. Determination of eligibility.
28Section <-10 9. Conditions of ineligibility.
9(2) Work with the participant or designated person and
10local program administrator to develop a transition plan
11before the participant is disenrolled from the community
12adult respite services program.
<-13(c) AAA eligibility assessment required.--When a participant
14is determined to be ineligible for community adult respite
15services while in a program, the program coordinator shall
16contact the AAA to request an eligibility assessment.
<-17(3) The program coordinator, with the consent of the
18participant or designated person, shall make a referral to
19the Area Agency on Aging to assess eligibility for and access
20to other appropriate long-term care services.
21(c) Appeals.--The participant has the right to appeal the
22ineligibility determination. The department shall promulgate
23regulations and issue statements of policy establishing a formal
25(d) Emergency situations.--The department shall promulgate
26regulations and issue statements of policy regarding emergency
27situations, where an immediate change in settings is needed for
28a participant to address an imminent threat or health or safety
30Section <-11 10. Regulations and statements of policy.
1(a) General rule.--The department shall work in cooperation
2with the AAAs, representatives of licensed long-term care
3service providers and representatives of community senior
4centers to promulgate <-guidance such as regulations or and issue
5statements of policy <-as necessary or appropriate governing
6community adult respite services programs, no later than one
7year after the effective date of this section. The regulations
8shall establish minimum standards, including, but not limited
21(6) Enforcement provisions.
25Section <-12 11. Construction.
26Nothing in this act shall be construed to preclude continued
27participation by individuals under 60 years of age who are
28participating in a community adult respite services program on
29the effective date of this section.
30Section <-13 <-12. Effective date.
1This act shall take effect in 180 days.