PRINTER'S NO. 3747
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2509
Session of
2020
INTRODUCED BY DAY AND KOSIEROWSKI, MAY 13, 2020
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
MAY 13, 2020
AN ACT
Establishing the Long-Term Care Facility Personal Protective
Equipment Reimbursement Grant Program and imposing duties on
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 Facility Personal Protective Equipment Reimbursement Grant
Program 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:
"Applicant." A facility applying for a grant under the
program.
"Care." Services provided to meet an older adult's needs for
personal care or health care which require interaction with the
older adult.
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"Care-dependent individual." An adult who, due to physical
or cognitive disability or impairment, requires assistance to
meet needs for food, shelter, clothing, personal care or health
care.
"Department." The Department of Aging of the Commonwealth.
"Eligible PPE costs." Costs that are both:
(1) incurred by a facility in purchasing PPE for use by
its employees; and
(2) paid by the applicant during the period specified in
the standards and requirements for the program as published
by the department.
"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, an older adult, an older
adult's family, agent, legal representative or the affiliated
corporate entity of a facility, to provide care to an older
adult;
(2) has unsupervised access to another individual and
that individual's living quarters, resources or personal
records; or
(3) is a student doing an internship or clinical
rotation or any other individual who has been granted access
to a facility or older adult to perform a clinical service
for a fee.
"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
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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) 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.
(4) 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.
(5) An assisted living residence as defined in section
1001 of the Human Services Code.
(6) A PACE provider as defined in section 1894 of the
Social Security Act (49 Stat. 620, 42 U.S.C. ยง 301 et seq.).
(7) Any other public or private organization, or entity
or part of an organization or entity, that uses public funds
and is paid, in part, to provide care to care-dependent
individuals.
"Personal protective equipment" or "PPE." Gloves,
respirators, face masks, gowns, face shields and other
protective equipment designed to be worn by individuals to
prevent or contain contact with, or to prevent transmission of,
a communicable illness or the pathogens that cause communicable
illness.
"Program." The Long-Term Care Facility Personal Protective
Equipment Reimbursement Grant Program established under section
3.
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"Secretary." The Secretary of Aging of the Commonwealth.
Section 3. Long-Term Care Facility Personal Protective
Equipment Reimbursement Grant Program.
(a) Establishment.--The Long-Term Care Facility Personal
Protective Equipment Reimbursement Grant Program is established
and shall be administered by the department.
(b) Availability.--Grants under the program shall only be
offered in a fiscal year in which funding is made available to
the department for the program. The following shall apply:
(1) If funding is exhausted or otherwise unavailable,
the department shall be under no obligation to provide grants
under the program.
(2) The standards and requirements for the award of
grants under the program shall be established by order of the
secretary. The secretary shall transmit notice of the order
to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(3) Grant money may be prorated or offered as a
percentage of actual costs, as determined by the department
and provided in the order under paragraph (2), to spread
available money to a larger number of grant recipients.
(c) Grant limitations.--In addition to any limitation placed
upon grants in the standards and requirements for the program
under subsection (b)(2), the following shall apply:
(1) Grant money shall only be used to reimburse eligible
PPE costs. The amount of reimbursement shall be based on
eligible PPE costs incurred by an applicant during any fiscal
year, or portion of the costs, in which grants are offered.
(2) Grant reimbursement money shall not exceed the
lesser of 50% of the eligible PPE purchase costs or a lower
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amount consistent with the standards and requirements for the
program under subsection (b)(2).
(3) Grant money may not be used to reimburse any portion
of the eligible PPE costs which are being paid or reimbursed
under another Federal or State grant program.
(d) Application procedure.--A facility shall submit a grant
application on a form provided by the department, unless
otherwise prescribed in the standards and requirements under
subsection (b)(2). The department may require that all
applicants submit applications via an online application system
and shall provide the details of the online application process.
(e) Application contents.--The application shall contain the
following information and other information as required by the
department:
(1) The applicant's name, business address and contact
information.
(2) A detailed statement of the PPE costs, which must
include copies of paid invoices clearly identifying the items
purchased in enough detail to demonstrate the items are PPE.
(3) Other information as the department may reasonably
require.
(f) Grant awards.--The department shall award grants to
applicants in accordance with this section and the applicable
program standards and requirements.
Section 4. Funding.
The department shall use money as appropriated by the General
Assembly for grants under this act and may use any other money
that is made available to the department for grants under the
program by Federal or State appropriations, donations or from
any other source.
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Section 5. Effective date.
This act shall take effect immediately.
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