PRINTER'S NO. 3112

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2204

Session of

2020

INTRODUCED BY CEPHAS, KENYATTA, KINSEY, HOHENSTEIN, HILL-EVANS,

McNEILL, YOUNGBLOOD, SCHLOSSBERG, MURT, SHUSTERMAN, WEBSTER

AND T. DAVIS, JANUARY 10, 2020

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1021(a)(2) of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services Code, is amended

and the paragraph is amended by adding subparagraphs to read:

Section 1021. Regulations.--(a) * * *

(2) Regulations for assisted living residences, which shall

apply to all staff, administration and persons contracted by the

assisted living residence to deliver care, shall:

* * *

or disciplined in any way. A resident shall be free from mental,

physical and sexual abuse and exploitation, neglect, financial

exploitation and involuntary seclusion.

(C) A resident shall be treated with dignity and respect.

(D) A resident shall be informed of the rules of the

assisted living residence and given 30 days' written notice

prior to the effective date of a new rule.

(E) A resident shall have access to a telephone in the

assisted living residence to make calls in privacy. Nontoll

calls shall be without charge to the resident.

the resident's personal representative or other individual upon

the resident's written approval.

(G) A resident has the right to communicate privately with

and access the local ombudsman.

(H) A resident has the right to practice the religion or

faith of the resident's choice, or not to practice any religion

or faith.

(I) A resident shall receive assistance in accessing health

care services, including supplemental health care services.

(J) A resident shall receive assistance in obtaining and

have the right to access, review and request corrections to the

resident's record on file with the assisted living residence.

(L) A resident has the right to furnish the resident's

living unit and purchase, receive, use and retain personal

clothing and possessions.

(M) A resident has the right to leave and return to the

assisted living residence at times consistent with the assisted

living residence rules and the resident's support plan. Any

individual appointed by the resident, including the resident's

personal representative, may place or remove the resident

(O) A resident has the right to freely associate, organize

and communicate privately with the resident's friends, family,

physician, attorney and other persons.

(P) A resident shall be free from restraints.

(Q) A resident shall be compensated in accordance with

Federal and State labor laws for labor performed on behalf of

the assisted living residence. A resident may voluntarily and

without coercion perform tasks related directly to the

resident's personal space or common areas of the assisted living

residence.

assisted living residence adopts such policies and procedures,

the policies and procedures shall be binding on all residents.

(S) A resident has the right to privacy of self and

possessions. Privacy shall be provided to the resident during

bathing, dressing, changing and medical procedures.

(T) A resident has the right to file complaints, grievances

or appeals with any individual or agency and recommend changes

in policies, residence rules and services of the residence

without intimidation, retaliation or threat of discharge.

(U) A resident has the right to remain in the assisted

(W) A resident has the right to use both the assisted living

residence's procedures and external procedures to appeal

involuntary discharge.

(X) A resident has the right to a system to safeguard the

resident's money and personal property.

(Y) An assisted living residence may require a resident to

use providers of supplemental health care services as provided

under 55 Pa. Code § 2800.142 (relating to assistance with

medical care and supplemental health care services). When the

assisted living residence does not designate a supplemental

assisted living residence's systems for caring for residents,

which include the handling and assisting with the administration

of the resident's medications, and may not conflict with Federal

laws governing residents.

(Z) The resident has the right to choose the resident's

primary care physician.

(AA) The resident has the right to have publicly posted the

telephone numbers and addresses for the department's assisted

living residence licensing office, local ombudsman or protective

services unit in the area agency on aging, the Disability Rights

(DD) The resident has the right to receive written

information on the right to establish an advanced health care

directive.

(EE) The resident has the right to receive written notice of

any room changes at least thirty days in advance unless the

request for a change is agreed to by the resident, required to

fill a vacant bed, or necessary due to an emergency.

(FF) The resident has the right to reasonable accommodation

of individual needs and preferences in all aspects of life in

the assisted living residence, except when the health or safety

inflated pricing for living arrangements, amenities and

applications based on race, color, religious creed, disability,

ancestry, sexual orientation, gender identity, national origin,

age or sex.

(x) Definition.--As used in this paragraph, the term

"personal representative" means an executor or administrator of

any description appointed by the resident in writing which shall

be kept on file by the assisted living residence.

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