PRINTER'S NO. 427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
390
Session of
2015
INTRODUCED BY BOBACK, PASHINSKI, PICKETT, MILLARD, GRELL,
MATZIE, THOMAS, DAVIDSON, DIAMOND, DONATUCCI, V. BROWN,
READSHAW, COHEN, KORTZ, McCARTER, GOODMAN, WATSON AND MURT,
FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
FEBRUARY 9, 2015
AN ACT
Requiring certain long-term care facilities to coordinate with
licensing agencies and local area agencies on aging to
provide assistance to consumers in circumstances involving
relocation of consumers; and providing for powers and duties
of the Department of Aging.
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 Long-Term
Care Consumer Relocation Coordination 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:
"Another setting." A location, other than a facility, where
services or supports may be provided.
"Area agency on aging" or "AAA." The single local agency
designated by the department within each planning and service
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area to administer the delivery of a comprehensive and
coordinated plan of social and other services and activities in
the planning and service area.
"Consumer." A person who resides in a facility.
"Department." The Department of Aging of the Commonwealth.
"Designated person." An individual who may be chosen by a
consumer and whose selection is documented in the consumer's
record to be notified in case of emergency, termination of
service, facility closure or for reasons requested by the
consumer or as required under this act.
"Facility." Any of the following:
(1) A home that provides domiciliary care as defined in
section 2202-A of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
(2) A personal care home or an assisted living residence
as defined in section 1001 of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code.
(3) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
"Licensing agency." In the case of:
(1) A domiciliary care home, the Department of Aging.
(2) A long-term care nursing facility, the Department of
Health.
(3) A personal care home or an assisted living
residence, the Department of Human Services.
"Long-term care ombudsman" or "ombudsman." An agent of the
Department of Aging, who, under section 2203-A of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, investigates and seeks to resolve complaints made
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by or on behalf of older individuals who are consumers of
facilities, which complaints may relate to action, inaction or
decisions of facilities, public agencies or of social agencies
or their representatives, and which may adversely affect the
health, safety, welfare, interests, preferences or rights of
consumers.
"Relocation." The involuntary transfer of a consumer from
one facility to another or involuntary discharge of a consumer
from a facility to another setting due to facility closure.
Section 3. Coordination efforts in relocation situations.
(a) General rule.--Other than as specified in subsection
(b), at least 30 days prior to relocation of a consumer, a
facility shall provide a written notice to the consumer and the
consumer's designated person and shall notify its licensing
agency, the area agency on aging within its geographic region
and the area agency on aging within the geographic region of the
facility to which the consumer is being relocated. Facilities
shall retain full responsibility for discharge planning for all
relocations.
(b) Exceptions.--Emergency relocations shall be excluded
from the requirements of subsection (a) under the following
circumstances:
(1) Immediate health or safety risk to the consumer as
determined by the licensing agency or facility in conjunction
with the ombudsman.
(2) Licensing action taken requiring closure of the
facility with less than 30 days' notice to the facility.
(c) Administrative cooperation.--When a relocation occurs,
the affected facilities, licensing agencies and local area
agencies on aging shall:
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(1) Coordinate efforts to ensure the protection of the
health and safety of the consumer and ensure smooth
relocation for each consumer at the facility.
(2) Share relevant information concerning the consumer
and the relocation plans and process, including, but not
limited to, conducting site visits for alternative placement.
(3) Cooperate in order to ensure that any other agencies
that may serve certain specific populations, including, but
not limited to, mental health, intellectually disabled and
veterans' affairs, shall be included in the relocation
process, as appropriate.
(4) (i) Coordinate the relocation process so that
consumer relocation occurs only between the hours of 7
a.m. and 7 p.m.
(ii) Subparagraph (i) shall not apply in emergencies
where consumers must be relocated in order to ensure
their health and safety.
(d) Long-term care ombudsman duties.--
(1) The local ombudsman shall ensure that a consumer
and, if appropriate, the consumer's designated person, acting
within the scope of that person's authority, is involved in
planning such transfers and is afforded the right to choose
among the available alternative placements.
(2) The ombudsman shall also assist consumers who are 60
years of age and older and shall refer consumers, regardless
of age, to appropriate social service agencies.
(3) Nothing in this act shall be construed to:
(i) Preclude the right of a licensing agency to make
temporary placement until final placement can be
arranged.
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(ii) Supplant existing requirements for contacting
the ombudsman.
(iii) Supplant existing requirements applicable to
transfers of nursing facility residents.
(e) Record of relocation incident.--
(1) An AAA shall maintain a record of each relocation
incident in which the local ombudsman is involved and shall
upon request share that information with the licensing
agency, the department and, to the extent that release of
that information is relevant to an investigation of criminal
activity, law enforcement officials. The information shall be
stored electronically by an AAA that may, at its discretion,
destroy hard copies of the information.
(2) The department shall provide technical assistance
and guidance to the local ombudsman to ensure that laws and
regulations regarding confidentiality of information are
strictly adhered to.
(3) The department shall monitor and track relocation
records to identify trends and issues that may need to be
addressed.
Section 4. Enforcement.
(a) Appropriate licensing agencies.--The licensing agency
shall ensure that a facility is in compliance with the
provisions of this act and may cite a facility for noncompliance
identified during a routine or complaint investigation.
(b) Department.--The department shall ensure that the local
ombudsman and each area agency on aging comply with the
provisions of this act.
(c) Promulgation of regulations.--The department may, in
consultation with the Department of Health and the Department of
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Human Services, develop rules and regulations as deemed
necessary at the discretion of the department to implement this
act, including sanctions to be imposed for noncompliance.
Section 5. Effective date.
This act shall take effect in 180 days.
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