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PRIOR PRINTER'S NO. 4356
PRINTER'S NO. 4383
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2861
Session of
2020
INTRODUCED BY RAPP, KAUFFMAN, SAYLOR, TOEPEL, CAUSER, DRISCOLL,
COX, TOOHIL, PICKETT, MILLARD, GLEIM, KLUNK AND GAYDOS,
SEPTEMBER 14, 2020
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, SEPTEMBER 16, 2020
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for access to long-term care nursing
facilities for essential caregivers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
Section 822. Access to long-term care nursing facilities for
essential caregivers.
(a) Protocols.--The department, in consultation with the
Department of Human Services, shall establish protocols to allow
a resident of a long-term care nursing facility or an individual
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with decision-making authority for the resident to designate an
individual as the resident's essential caregiver during a
declaration of disaster emergency. An essential caregiver shall
meet the necessary qualifications to enter the long-term care
nursing facility to provide in-person physical or emotional
support to a resident of a long-term care nursing facility in
accordance with the protocols established under this section.
The protocols shall include all of the following:
(1) Safety measures for an essential caregiver,
including, but not limited to, restrictions on travel,
enhanced testing for communicable diseases and the necessary
safety equipment required to protect the health and safety of
the residents of the long-term care nursing facility.
(2) Procedures to replace an essential caregiver due to
necessary circumstances, including illness or death of the
essential caregiver.
(3) A duration, not to exceed 30 days, when a long-term
care nursing facility may enter a lock-down phase for the
purpose of establishing safety measures for residents of the
long-term care nursing facility and essential caregivers.
(b) Additional safety requirements.--
(1) A long-term care nursing facility may establish
additional safety requirements to protect the residents of
the long-term care nursing facility if the requirements meet
all of the following criteria:
(i) The requirements are directly linked to a
declaration of disaster emergency.
(ii) The requirements are not so burdensome and
onerous as to substantially prevent an essential
caregiver from being able to physically or emotionally
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support a resident of the long-term care facility in
person.
(2) After a replacement essential caregiver has been
named by a resident of a long-term care nursing facility, a
long-term care nursing facility may suspend access to the
long-term care nursing facility for an essential caregiver
who violates the protocols established under subsection (a).
(2) A LONG-TERM CARE FACILITY MAY SUSPEND ACCESS TO THE
LONG-TERM CARE FACILITY FOR AN ESSENTIAL CAREGIVER WHO
VIOLATES THE PROTOCOLS ESTABLISHED UNDER SUBSECTION (A), AND
THE LONG-TERM CARE FACILITY SHALL ALLOW THE RESIDENT, OR AN
INDIVIDUAL WITH DECISION-MAKING AUTHORITY FOR THE RESIDENT,
TO IMMEDIATELY DESIGNATE A REPLACEMENT ESSENTIAL CAREGIVER.
(c) Personal protective equipment.--A long-term care nursing
facility may require an essential caregiver to provide personal
protective equipment for himself or herself or assume the cost
of the personal protective equipment provided by the facility to
allow the essential caregiver to provide in-person physical or
emotional support.
(d) Applicability.--This section shall apply for the period
commencing 15 days after a declaration of disaster emergency and
60 days after the termination or expiration of the declaration
of disaster emergency by executive order, proclamation or
operation of law.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Declaration of disaster emergency." A disaster emergency
declared by the Governor under 35 Pa.C.S. ยง 7301(c) (relating to
general authority of Governor).
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"Essential caregiver." An individual, whether a family
member or friend of a resident of a long-term care nursing
facility, who is designated by the resident or appointed by an
individual with decision-making authority for the resident to
provide physical or emotional support to the resident during a
declaration of disaster emergency.
"LONG-TERM CARE FACILITY." A FACILITY LICENSED BY THE
DEPARTMENT OR THE DEPARTMENT OF HUMAN SERVICES, INCLUDING A
LONG-TERM CARE NURSING FACILITY, A SKILLED NURSING FACILITY, AN
ASSISTED LIVING FACILITY, A PERSONAL CARE HOME OR AN OLDER ADULT
DAILY LIVING CENTER.
Section 2. This act shall take effect in 60 days.
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