See other bills
under the
same topic
PRIOR PRINTER'S NO. 1030
PRINTER'S NO. 1414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
996
Session of
2021
INTRODUCED BY DAVANZO, T. DAVIS, HENNESSEY, HILL-EVANS, JONES,
KAUFFMAN, MALONEY, MASSER, MERSKI, MILLARD, PICKETT, ROWE,
RYAN, SAYLOR, WARNER, WHEELAND, ZIMMERMAN AND GILLEN,
MARCH 23, 2021
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 4, 2021
AN ACT
Providing for access to long-term care facilities for members of
the clergy, for additional safety requirements for residents,
for suspension of access for members of the clergy and for
personal protective equipment for members of the clergy.
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 Religious
Liberty in 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. ยง 7301(c) (relating to
general authority of Governor).
"Department." The Department of Health of the Commonwealth.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"Member of the clergy." A clergyman, priest, rabbi,
minister, Christian Science practitioner, religious healer or
spiritual leader of any regularly established church or other
religious organization.
"LOCK-DOWN PHASE." A PERIOD OF TIME A LONG-TERM CARE
FACILITY RESTRICTS VISITATION FROM THE GENERAL PUBLIC TO
RESIDENTS OF THE FACILITY.
"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
home, an older adult daily living center, OR an independent
long-term care facility or an intermediate care facility for
individuals with intellectual disabilities.
"MEMBER OF THE CLERGY." A CLERGYMAN, PRIEST, RABBI,
MINISTER, CHRISTIAN SCIENCE PRACTITIONER, RELIGIOUS HEALER OR
SPIRITUAL LEADER OF ANY REGULARLY ESTABLISHED CHURCH OR OTHER
RELIGIOUS ORGANIZATION.
"Resident." An adult with established residency in a long-
term care facility.
Section 3. Access to long-term care facilities for members of
the clergy.
The department, in consultation with the Department of Human
Services, shall establish protocols to allow a resident or an
individual with decision-making authority for the resident to
request visitation by a member of the clergy during a
declaration of disaster emergency. A member of the clergy 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 on a voluntary basis and
20210HB0996PN1414 - 2 -
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
in accordance with the protocols established under this section.
THE DEPARTMENT MAY UPDATE THE PROTOCOLS ESTABLISHED UNDER THIS
SECTION AT ANY TIME DURING THE DISASTER EMERGENCY. THE
DEPARTMENT MAY NOT UPDATE THE PROTOCOLS ESTABLISHED UNDER THIS
SECTION TO EXPAND THE DURATION OF THE LOCK-DOWN PHASE UNDER
PARAGRAPH (2) FOR A TIME PERIOD EXCEEDING 45 DAYS. The protocols
shall include all of the following:
(1) Safety measures for members of the clergy,
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 and staff of the long-term care facility.
(2) A duration, SET BY THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HUMAN SERVICES not to exceed 30 45
days, when a long-term care facility may enter a lock-down
phase DURING WHICH THE LONG-TERM CARE FACILITY MAY EXCLUDE
MEMBERS OF THE CLERGY for the purpose of establishing safety
measures for residents and members of the clergy.
Section 4. Additional safety requirements for residents.
A long-term care facility may establish additional safety
requirements to protect the residents if the requirements meet
all of the following criteria:, INCLUDING LIMITATIONS ON THE
DURATION OF THE VISITS, THE NUMBER OF VISITORS PER WEEK PER
RESIDENT, THE LOCATION OF VISITS AND THE SPACING OF VISITORS.
THE REQUIREMENTS UNDER THIS SUBSECTION SHALL 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 a member of the clergy from being
20210HB0996PN1414 - 3 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
able to visit a resident in person.
Section 5. Suspension of access for members of the clergy.
A long-term care facility may suspend access to a member of
the clergy 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 request another member of the clergy.
Section 6. Personal protective equipment for members of the
clergy.
A long-term care facility may require a member of the clergy
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 member of the clergy to access the
long-term care facility. PERSONAL PROTECTIVE EQUIPMENT PROVIDED
BY THE LONG-TERM CARE FACILITY MAY NOT REDUCE THE PERSONAL
PROTECTIVE EQUIPMENT AVAILABLE TO THE EMPLOYEES AND STAFF OF THE
LONG-TERM CARE FACILITY.
Section 7. Applicability.
This act shall apply for the period commencing 15 days after
a declaration of disaster emergency and THAT RESULTS IN A LOCK-
DOWN PHASE OF LONG-TERM CARE FACILITIES UNTIL 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:
(1) prohibit or restrict long-term care facilities from
allowing members of the clergy to visit residents in a manner
deemed appropriate by the long-term care facilities before
the effective date of section 3; or
(2) supersede Federal authority regarding long-term care
20210HB0996PN1414 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
20210HB0996PN1414 - 5 -
1
2
3
4
5
6