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PRIOR PRINTER'S NOS. 4356, 4383
PRINTER'S NO. 4564
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, GAYDOS,
ZIMMERMAN AND STRUZZI, SEPTEMBER 14, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 19, 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 facilities
for essential caregivers.
PROVIDING FOR ACCESS TO LONG-TERM CARE FACILITIES FOR ESSENTIAL
CAREGIVERS, FOR ADDITIONAL SAFETY REQUIREMENTS FOR RESIDENTS
OF LONG-TERM CARE FACILITIES, FOR SUSPENSION OF ACCESS FOR
ESSENTIAL CAREGIVERS AND FOR PERSONAL PROTECTIVE EQUIPMENT
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 facilities for essential
caregivers.
(a) Protocols.--The department, in consultation with the
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Department of Human Services, shall establish protocols to allow
a resident of a long-term care facility or an individual 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
facility to provide in-person physical or emotional support to a
resident of a long-term care 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 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 facility may enter a lock-down phase for the purpose of
establishing safety measures for residents of the long-term
care facility and essential caregivers.
(b) Additional safety requirements.--
(1) A long-term care facility may establish additional
safety requirements to protect the residents of the long-term
care 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
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onerous as to substantially prevent an essential
caregiver from being able to physically or emotionally
support a resident of the long-term care facility in
person.
(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
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. § 7301(c) (relating to
general authority of Governor).
"Essential caregiver." An individual, whether a family
member or friend of a resident of a long-term care facility, who
is designated by the resident or appointed by an individual with
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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.
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ACCESS TO
LONG-TERM CARE FACILITIES 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:
"DECLARATION OF DISASTER EMERGENCY." A DISASTER EMERGENCY
DECLARED BY THE GOVERNOR UNDER 35 PA.C.S. § 7301(C) (RELATING TO
GENERAL AUTHORITY OF GOVERNOR).
"DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
"ESSENTIAL CAREGIVER." AN INDIVIDUAL, WHETHER A FAMILY
MEMBER OR FRIEND OF A RESIDENT OF A LONG-TERM CARE 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, BUT
NOT LIMITED TO, A LONG-TERM CARE NURSING FACILITY, A SKILLED
NURSING FACILITY, AN ASSISTED LIVING FACILITY, A PERSONAL CARE
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HOME, AN OLDER ADULT DAILY LIVING CENTER, AN INDEPENDENT LONG-
TERM CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR
INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
SECTION 3. ACCESS TO LONG-TERM CARE FACILITIES FOR ESSENTIAL
CAREGIVERS.
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HUMAN
SERVICES, SHALL ESTABLISH PROTOCOLS TO ALLOW A RESIDENT OF A
LONG-TERM CARE FACILITY OR AN INDIVIDUAL 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 FACILITY TO PROVIDE
IN-PERSON PHYSICAL OR EMOTIONAL SUPPORT TO A RESIDENT OF A LONG-
TERM CARE 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 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 FACILITY MAY ENTER A LOCK-DOWN PHASE FOR THE PURPOSE OF
ESTABLISHING SAFETY MEASURES FOR RESIDENTS OF THE LONG-TERM
CARE FACILITY AND ESSENTIAL CAREGIVERS.
SECTION 4. ADDITIONAL SAFETY REQUIREMENTS FOR RESIDENTS OF
LONG-TERM CARE FACILITIES.
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A LONG-TERM CARE FACILITY MAY ESTABLISH ADDITIONAL SAFETY
REQUIREMENTS TO PROTECT THE RESIDENTS OF THE LONG-TERM CARE
FACILITY IF THE REQUIREMENTS MEET ALL OF THE FOLLOWING CRITERIA:
(1) THE REQUIREMENTS ARE DIRECTLY LINKED TO A
DECLARATION OF DISASTER EMERGENCY.
(2) THE REQUIREMENTS ARE NOT SO BURDENSOME AND ONEROUS
AS TO SUBSTANTIALLY PREVENT AN ESSENTIAL CAREGIVER FROM BEING
ABLE TO PHYSICALLY OR EMOTIONALLY SUPPORT A RESIDENT OF THE
LONG-TERM CARE FACILITY IN PERSON.
SECTION 5. SUSPENSION OF ACCESS FOR ESSENTIAL CAREGIVERS.
A LONG-TERM CARE FACILITY MAY SUSPEND ACCESS TO THE LONG-TERM
CARE FACILITY FOR AN ESSENTIAL CAREGIVER WHO VIOLATES THE
PROTOCOLS ESTABLISHED UNDER SECTION 3, 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.
SECTION 6. PERSONAL PROTECTIVE EQUIPMENT FOR ESSENTIAL
CAREGIVERS.
A LONG-TERM CARE 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.
SECTION 7. APPLICABILITY.
THIS ACT 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.
SECTION 8. CONSTRUCTION.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO SUPERSEDE FEDERAL
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AUTHORITY REGARDING LONG-TERM CARE FACILITIES OR TO PREVENT THE
DEPARTMENT OR DEPARTMENT OF HUMAN SERVICES FROM TAKING NECESSARY
ACTIONS TO RENDER THE COMMONWEALTH ELIGIBLE FOR FEDERAL FUNDS OR
REIMBURSEMENT SERVICES PROVIDED IN LONG-TERM CARE FACILITIES.
SECTION 9. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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