PRINTER'S NO. 4282
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2722
Session of
2018
INTRODUCED BY MADDEN, SCHLOSSBERG, HILL-EVANS, YOUNGBLOOD,
DRISCOLL, DALEY, THOMAS, KINSEY, VAZQUEZ, STURLA, HAGGERTY,
DAVIS, RADER, TAI AND V. BROWN, OCTOBER 17, 2018
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
OCTOBER 17, 2018
AN ACT
Providing for financial protection of individuals receiving
long-term care services; and prohibiting employees of long-
term care providers from being guardians, agents under a
power of attorney, beneficiaries of insurance policies or
annuities and executors of estates of individuals receiving
long-term care services.
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 Financial Protection 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:
"Employee." An individual who:
(1) is employed by a facility, or the affiliated
corporate entity of a facility, or enters into a contractual
relationship with a facility or the affiliated corporate
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entity of a facility, a long-term care consumer, a long-term
care consumer's family member, agent or legal representative,
to provide care;
(2) has unsupervised access to a long-term care consumer
and that individual's living quarters, resources or personal
records; and
(3) is not a family or household member of the long-term
care consumer.
"Facility." Any of the following:
(1) A domiciliary care home 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) Any of the following entities 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:
(i) A home health care agency.
(ii) A long-term care nursing facility.
(iii) A hospice.
(iv) A home care agency.
(v) A home care registry.
(3) A facility that provides continuing care as defined
under section 3 of the act of June 18, 1984 (P.L.391, No.82),
known as the Continuing-Care Provider Registration and
Disclosure Act.
(4) An older adult daily living center as defined in
section 2 of the act of July 11, 1990 (P.L.499, No.118),
known as the Older Adult Daily Living Centers Licensing Act.
(5) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
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(6) An assisted living residence as defined in section
1001 of the Human Services Code.
(7) A PACE provider as defined in section 1894(a)(3) of
the Social Security Act (49 Stat. 620, 42 U.S.C. § 1395eee(a)
(3)).
(8) A State-approved home and community-based waiver
provider that operates under a Medicaid home and community-
based waiver granted by the Centers for Medicaid and Medicare
Services to the Department of Human Services under the
authority of section 1915(c) of the Social Security Act (42
U.S.C. § 1396n(c)) and that provides long-term care to
nursing-facility-eligible consumers in the consumers' homes
or at locations in the community to assist consumers to
function as independently as possible.
"Family or household member." Any of the following:
(1) The spouse, unless an action for divorce is pending.
(2) An adult child.
(3) A parent.
(4) An adult sibling.
(5) An adult grandchild.
(6) A relative who resides in the same household as the
long-term care consumer or any person with whom the long-term
care consumer has made his home.
"Long-term care consumer." An individual who receives
services from a long-term care provider.
"Long-term care provider." A facility licensed, certified or
otherwise approved by the Commonwealth to provide long-term care
services.
Section 3. Financial interest prohibition.
(a) General rule.--An employee of a long-term care provider
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may not:
(1) Be appointed or act as a guardian of a long-term
care consumer in the care of the employee.
(2) Serve as an agent of a long-term care consumer in
the care of the employee under a power of attorney, durable
or otherwise.
(3) Be a beneficiary of an insurance policy or annuity
of a long-term care consumer in the care of the employee.
(4) Serve as an executor of the estate of a long-term
care consumer in the care of the employee.
(b) Applicability.--Subsection (a) does not apply to an
employee who, prior to the long-term care consumer being placed
at the long-term care provider at which the employee is
employed, has:
(1) been appointed or acted as a guardian of a long-term
care consumer in the care of the employee;
(2) been appointed or served as an agent of a long-term
care consumer in the care of the employee under a power of
attorney;
(3) been designated as a beneficiary of an insurance
policy or annuity of a long-term care consumer in the care of
the employee; or
(4) been named as an executor of the estate of a long-
term care consumer in the care of the employee.
Section 4. Effective date.
This act shall take effect immediately.
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