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PRINTER'S NO. 1160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1104
Session of
2023
INTRODUCED BY KHAN, PASHINSKI, CERRATO, FLEMING, BRENNAN,
SHUSTERMAN, MADDEN, SANCHEZ, HOHENSTEIN, PROBST, McNEILL,
ROZZI, T. DAVIS, WARREN, HILL-EVANS, KAZEEM, BOROWSKI,
VENKAT, KINSEY, NEILSON, KRAJEWSKI, M. MACKENZIE, RABB,
WAXMAN, HADDOCK, PARKER, MALAGARI, CEPEDA-FREYTIZ, SCHWEYER
AND CONKLIN, MAY 5, 2023
REFERRED TO COMMITTEE ON HUMAN SERVICES, MAY 5, 2023
AN ACT
Prohibiting the charging of admission fees for events for
personal care attendants of persons with disabilities; and
imposing penalties.
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 Michael's Law -
Admission Fairness for Personal Care Attendants 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:
"Attendant care services." The following:
(1) Services that enable an eligible individual to live
in the eligible individual's home and community and to carry
out functions of daily living, self-care and mobility.
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(2) Services under paragraph (1) shall include:
(i) Getting in and out of a bed, wheelchair or motor
vehicle.
(ii) Assistance with routine bodily functions,
including:
(A) Health maintenance activities.
(B) Bathing and personal hygiene.
(C) Dressing and grooming.
(D) Feeding, including preparation and cleanup.
(E) Critical cognitive tasks, particularly tasks
required to participate in community events, such as
managing transportation, handling tickets and
communicating with others.
(3) The services provided to an individual who is
eligible for a home and community-based services waiver
program under 42 U.S.C. ยง 1396n(c) (relating to compliance
with State plan and payment provisions).
"Eligible individual." An individual with a disability who
requires assistance to complete activities of daily living,
self-care and mobility, including attendant care services.
"Personal care attendant." An individual who provides
attendant care services to an eligible individual.
"Venue." An entertainment, educational, sporting or other
event open to the public that charges admission.
Section 3. Waiving of admission fees for a personal care
attendant.
A venue shall provide free admission to a personal care
attendant whose attendance is necessary to enable an eligible
individual to attend an event at the venue. The personal care
attendant is not required to be provided a seat and may be
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directed to a location in close proximity to the eligible
individual where the personal care attendant may be
accommodated. The location where the personal care attendant is
directed is not required to be in view of the event.
Section 4. Violations.
A manager or owner of a venue commits a summary offense if a
venue denies a personal care attendant access to an event or
charges a personal care attendant an admission fee. If a manager
or owner of a venue has three violations of this act in a 12-
month period, a subsequent violation shall be a misdemeanor of
the third degree. Nothing in this act shall preclude the right
of a person denied admission, or for the person with a
disability for whom they work, under this act to pursue civil
damages.
Section 5. Effective date.
This act shall take effect in 90 days.
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