| |
| PRIOR PRINTER'S NOS. 1366, 2094 | PRINTER'S NO. 2212 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY MUNDY, McILVAINE SMITH, K. SMITH, BRENNAN, BRIGGS, D. COSTA, DeWEESE, FABRIZIO, FRANKEL, GEORGE, GOODMAN, HARHAI, HORNAMAN, JOSEPHS, MANDERINO, MILNE, MURPHY, M. O'BRIEN, PARKER, PAYTON, PHILLIPS, READSHAW, SANTONI, SIPTROTH, STURLA, J. TAYLOR, WALKO, YOUNGBLOOD, BROWN, BELFANTI, DeLUCA, KORTZ, KULA, QUINN, FREEMAN, MURT, EACHUS AND PASHINSKI, MARCH 31, 2009 |
| |
| |
| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 17, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Establishing the Department of Aging and Long-Term Living and |
2 | providing for its powers and duties; and making related |
3 | repeals. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Department of |
8 | Aging and Long-Term Living Act. |
9 | Section 2. Objectives. |
10 | The objectives of this act shall be all of the following: |
11 | (1) To establish a cabinet-level State agency that |
12 | combines the Department of Aging and selected functions of |
13 | the Department of Public Welfare. |
14 | (2) To establish an agency whose jurisdiction, powers |
15 | and duties concern and are directed to advancing the well- |
|
1 | being and full participation of older adults through the |
2 | creation and growth of programs and activities that support |
3 | health and wellness of older adults, assist older adults in |
4 | maintaining lives of independence and dignity, and encourage |
5 | the involvement of older adults in the community. |
6 | (3) To establish an agency whose jurisdiction, powers |
7 | and duties concern and are directed to advancing the well- |
8 | being and full participation of people with disabilities |
9 | through the provision of long-term living services in a |
10 | manner that assists them in attaining and maintaining lives |
11 | of independence and dignity and promotes involvement and |
12 | integration in the community. |
13 | (4) To effect the maximum feasible coordination of and |
14 | eliminate duplication in the Commonwealth’s administration of |
15 | certain Federal and State programs for people with |
16 | disabilities and older adults. |
17 | (5) To promote the development of a long-term living |
18 | system that includes consumer choice and self-direction, |
19 | recognizes cultural differences and language barriers and is |
20 | responsive to the needs and preferences of people with |
21 | disabilities and older adults at each stage of their adult |
22 | life, including changes that may require additional care and |
23 | services. |
24 | (6) To promote the efficient and economical |
25 | administration and delivery of long-term living services to |
26 | people with disabilities and older adults in ways that assure |
27 | that long-term living services are provided in a manner |
28 | consistent with applicable Federal and State law, including |
29 | Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. |
30 | § 1396 et seq.). |
|
1 | Section 3. Definitions. |
2 | The following words and phrases when used in this act shall |
3 | have the meanings given to them in this subsection unless the |
4 | context clearly indicates otherwise: |
5 | "Adult." A person residing in this Commonwealth who is at |
6 | least 18 years of age. |
7 | "Adult daily living center." An older adult daily living |
8 | center as defined in the act of July 11, 1990 (P.L.499, No.118), |
9 | known as the Older Adult Daily Living Centers Licensing Act. |
10 | "Area agency." The single local area agency on aging |
11 | designated by the Department of Aging and Long-Term Living |
12 | within each planning and service area to administer the delivery |
13 | of a comprehensive and coordinated plan of social and other |
14 | services and activities. |
15 | "Area plan." The plan submitted to the Department of Aging |
16 | and Long-Term Living by an area agency describing the methods by |
17 | which it will ensure a coordinated and comprehensive plan of |
18 | social and other services and activities in the planning and |
19 | service area. |
20 | "Assessment." A determination based on a comprehensive |
21 | review of an individual’s social, physical and psychological |
22 | status and needs, using the instruments and procedures |
23 | established by the department for this purpose. |
24 | "Assisted living residence." An assisted living residence as |
25 | defined in section 1001 of the act of June 13, 1967 (P.L.31, |
26 | No.21), known as the Public Welfare Code. |
27 | "Centers for independent living." A center for independent |
28 | living as defined in the Rehabilitation Act of 1973 (Public Law |
29 | 93-112, 29 U.S.C. § 701 et seq.). |
30 | "Community senior center." A center where older adults |
|
1 | congregate for services and activities that support their |
2 | independence, enhance their quality of life and encourage their |
3 | involvement in the community. |
4 | "Council." The Council on Aging and Long-Term Living. |
5 | "Department." The Department of Aging and Long-Term Living |
6 | of the Commonwealth. |
7 | "Domiciliary care." A living arrangement in the community |
8 | which provides a safe, supportive, homelike residential setting |
9 | for no more than three adults who are unrelated to the |
10 | domiciliary care provider and who cannot live independently in |
11 | the community. |
12 | "Long-term living services." Those services designed to |
13 | provide diagnostic, therapeutic, rehabilitative, preventive, |
14 | wellness, supportive or maintenance services for individuals who |
15 | have chronic or episodic functional impairments provided in |
16 | settings including, but not limited to, the individual’s home, |
17 | an adult daily living center, domiciliary care, a personal care |
18 | home, an assisted living residence or a nursing facility. The |
19 | term does not include services authorized under the act of |
20 | October 20, 1966 (Sp.Sess. 3, P.L.96, No.6), known as the Mental |
21 | Health and Mental Retardation Act of 1966, or similar services |
22 | funded under Title XIX of the Social Security Act (49 Stat. 620, |
23 | 42 U.S.C. § 1396 et seq.). |
24 | "Nursing facility." A long-term care nursing facility |
25 | licensed by the Department of Health pursuant to the act of July |
26 | 19, 1979 (P.L.130, No.48), known as the Health Care Facilities |
27 | Act. |
28 | "Older adults," "older persons," "aging," or "elderly." Any |
29 | persons residing within this Commonwealth who are at least 60 |
30 | years of age. |
|
1 | "Older Americans Act of 1965." The Older Americans Act of |
2 | 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.). |
3 | "People with disabilities." Individuals 18 to 59 years of |
4 | age residing within this Commonwealth who have been determined |
5 | to be eligible to receive, or who are receiving, attendant care |
6 | services under the act of December 10, 1986 (P.L.1477, No.150), |
7 | known as the Attendant Care Services Act, or services under a |
8 | home and community-based services waiver or other long-term |
9 | living services program administered by the Department of Aging |
10 | and Long-Term Living. |
11 | "Personal care home." A personal care home licensed under |
12 | Article X of the act of June 13, 1967 (P.L.31, No.21), known as |
13 | the Public Welfare Code. |
14 | "Planning and service area." The geographic unit within this |
15 | Commonwealth, as authorized by the Older Americans Act of 1965 |
16 | (Public Law 89-73, 42 U.S.C. § 3001 et seq.), for allocation of |
17 | funds for the delivery of social services to older adults. |
18 | "Secretary." The Secretary of Aging and Long-Term Living. |
19 | "Sole State agency." As used with reference to the Older |
20 | Americans Act of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et |
21 | seq.), the Department of Aging and Long-Term Living. |
22 | "Support organization." A private organization that supports |
23 | people with disabilities and older adults through advocacy or |
24 | the provision of services. |
25 | "Unit of general purpose local government." As used with |
26 | reference to the designation of area agencies on aging, a county |
27 | or other unit which carries general government authority for an |
28 | area designated as a planning and service area under this act or |
29 | a combination of those units. |
30 | Section 4. Department of Aging and Long-Term Living. |
|
1 | (a) Establishment.--The Department of Aging and Long-Term |
2 | Living is established. |
3 | (b) Powers and duties.--The department shall have the power |
4 | and duty to do all of the following: |
5 | (1) Administer programs that provide long-term living |
6 | services to people with disabilities and older adults. |
7 | (2) Assist with planning and provide consultation to |
8 | State agencies with respect to services, programs and |
9 | activities which they may furnish to people with disabilities |
10 | and older adults. |
11 | (3) Develop and periodically update in consultation with |
12 | the council, service providers, centers for independent |
13 | living, support organizations and the area agencies, a |
14 | comprehensive plan for coordinating major Commonwealth |
15 | services, programs and activities that are directed toward |
16 | people with disabilities and older adults who require long- |
17 | term living services. |
18 | (4) Administer the Pharmaceutical Assistance Contract |
19 | for the Elderly program as authorized by the act of August |
20 | 26, 1971 (P.L.351, No.91), known as the State Lottery Law. |
21 | (5) Administer the act of November 6, 1987 (P.L.381, |
22 | No.79), known as the Older Adults Protective Services Act. |
23 | (6) Prepare for the Governor an annual budget for the |
24 | council as may be reasonably required to address the needs of |
25 | the council. |
26 | (7) Make recommendations for legislative action to the |
27 | Governor and the General Assembly. |
28 | (8) Publish a description of the organization and |
29 | function of the department so that all interested agencies |
30 | and individuals may be better able to solicit assistance from |
|
1 | the department. |
2 | (9) Administer and supervise a domiciliary care program |
3 | for adults. |
4 | (9.1) License and regulate personal care homes and |
5 | assisted living residences under all powers previously |
6 | granted to the Department of Public Welfare as provided in |
7 | Articles II and X of the act of June 13, 1967 (P.L.31, |
8 | No.21), known as the Public Welfare Code. |
9 | (10) Administer and supervise an attendant care program |
10 | for people with disabilities under the act of December 10, |
11 | 1986 (P.L.1477, No.150), known as the Attendant Care Services |
12 | Act, and any related home and community-based services waiver |
13 | for older adults and people with disabilities. |
14 | (11) Conduct, in cooperation with appropriate State and |
15 | local public and private agencies, studies and evaluations |
16 | pertaining to the quality of life, health and social needs, |
17 | civil rights and status of people with disabilities and older |
18 | adults and report the findings and recommendations to the |
19 | General Assembly. |
20 | (12) In cooperation with the area agencies, Federal, |
21 | State and local agencies that support people with |
22 | disabilities and older adults, service providers, centers for |
23 | independent living and support organizations, work toward the |
24 | development of a continuum of home and community-based |
25 | service, transportation and housing options for older adults |
26 | and for people with disabilities designed to maintain them in |
27 | the community and avoid or delay institutional care when |
28 | clinically appropriate. The department shall ensure that |
29 | consumers are made aware of the availability of nursing |
30 | facility services or other residential settings when |
|
1 | identified as a clinically appropriate option. System |
2 | development activities shall include coordinating the |
3 | Commonwealth’s plans for the provision, expansion and |
4 | effective administration of all of the following: |
5 | (i) In-home services that recognize consumer choice, |
6 | including personal assistance and supportive services, |
7 | which shall include consumer-directed services. |
8 | (ii) Housing options such as service-enriched |
9 | housing options, personal care homes and assisted living |
10 | residences and nursing facility services, when clinically |
11 | appropriate. |
12 | (iii) Special services to caregivers who support |
13 | people with disabilities and older adults, recognizing |
14 | the important role that families play in helping older |
15 | adults and people with disabilities to live |
16 | independently. |
17 | (iv) Adult daily living center services, respite |
18 | services and other community-based services to support |
19 | caregivers. |
20 | (v) The promotion of informal community supports. |
21 | (vi) Comprehensive and ongoing assessment programs. |
22 | (vii) Counseling programs to assist individuals in |
23 | determining appropriate long-term living services. |
24 | (viii) Special advocacy efforts to promote greater |
25 | awareness of, and more effective response to, Alzheimer’s |
26 | disease and other related dementia. |
27 | (ix) Activities and services at community senior |
28 | centers. |
29 | (x) Wellness and preventive health programs. |
30 | (13) In cooperation with the Department of Public |
|
1 | Welfare, and consistent with the authority of the Department |
2 | of Public Welfare as the single State agency responsible for |
3 | the Medical Assistance Program funded under Title XIX of the |
4 | Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.), |
5 | do all of the following: |
6 | (i) Develop and administer a system of assessment |
7 | for individuals seeking or requiring long-term living |
8 | services under the medical assistance program using an |
9 | instrument that provides comparable data elements and at |
10 | comparable intervals as specified by the State for |
11 | nursing facilities participating in the medical |
12 | assistance program. |
13 | (ii) Develop and administer home and community-based |
14 | long-term living service programs for people with |
15 | disabilities and older adults who are assessed as being |
16 | clinically eligible for nursing facility care, including |
17 | residents of assisted living residences, or for the care |
18 | provided by an intermediate care facility for persons |
19 | with other related conditions. |
20 | (iii) Administer those provisions of the act of June |
21 | 13, 1967 (P.L.31, No. 21), known as the Public Welfare |
22 | Code, which relate to long-term living services for |
23 | people with disabilities and older adults. |
24 | (14) Review all proposed Commonwealth program plans and |
25 | policies, and administrative regulations that are published |
26 | in the Pennsylvania Bulletin for their impact on people with |
27 | disabilities and older adults. If the secretary determines |
28 | that they have an impact on such persons, the secretary may |
29 | comment in accordance with the provisions of the act of July |
30 | 31, 1968 (P.L.769, No.240), referred to as the Commonwealth |
|
1 | Documents Law. |
2 | (15) Promulgate rules and regulations necessary to |
3 | perform the duties required of the department under this act. |
4 | (16) Review the activities of regulatory agencies of the |
5 | Commonwealth which affect the full and fair utilization of |
6 | State and community resources for programs and benefits for |
7 | people with disabilities and older adults and initiate |
8 | programs which will help assure such utilization. |
9 | (17) Conduct, in cooperation with the Department of |
10 | Health and the Department of Public Welfare, periodic studies |
11 | and evaluations pertaining to the quality of care and related |
12 | services for consumers of long-term living services and |
13 | report the findings to the General Assembly. |
14 | (18) Conduct, in cooperation with the Department of |
15 | Health, an ongoing Statewide prescription drug education |
16 | program designed to inform older adults of the dangers of |
17 | prescription drug abuse and misuse. |
18 | (19) Collaborate with the Department of Community and |
19 | Economic Development and the Pennsylvania Housing Finance |
20 | Agency in the location, design, management of and services |
21 | for accessible and affordable housing built for people with |
22 | disabilities and older adults and upon request, provide |
23 | technical assistance to local housing authorities, nonprofit |
24 | housing and community groups, redevelopment authorities and |
25 | other groups with a special emphasis on programs related to |
26 | utility costs, rehabilitation and maintenance of the homes of |
27 | those persons. |
28 | (20) Review and comment on all rules, regulations, |
29 | eligibility or payment standards issued by the Department of |
30 | Public Welfare, the Department of Health, the Department of |
|
1 | Environmental Protection or the Department of Labor and |
2 | Industry relating to the licensure and regulation of nursing |
3 | facilities and hospitals; medical assistance, supplemental |
4 | security income; home support, homecare, hospice and home |
5 | health care. |
6 | (21) Review and comment on rules, regulations, |
7 | eligibility standards or contract provisions issued by the |
8 | Department of Revenue and the Department of Transportation |
9 | relating to activities financed in whole or in part by the |
10 | Pennsylvania Lottery. |
11 | (22) Review and comment on rules, regulations, |
12 | eligibility standards or contract provisions issued by the |
13 | Department of Transportation relating to specialized |
14 | transportation needs of people with disabilities and older |
15 | adults in rural and urban areas. |
16 | (23) In coordination with the area agencies, centers for |
17 | independent living, support organizations, service providers |
18 | and the council, develop and conduct research, demonstration |
19 | programs and training programs to advance the interests and |
20 | identify the care and service needs of people with |
21 | disabilities and older adults. |
22 | (24) Serve as an advocate for older adults at all levels |
23 | of government and provide consultation and assistance to the |
24 | area agencies, service providers, communities and civic |
25 | groups developing local services for older adults. |
26 | (25) Advance the interests of people with disabilities |
27 | at all levels of government and provide consultation to |
28 | service providers, support organizations and other groups |
29 | developing services and supports for people with |
30 | disabilities. |
|
1 | (26) Maintain a clearinghouse of information related to |
2 | the interests of people with disabilities and older adults |
3 | and provide technical assistance and consultation to all |
4 | agencies, both public and private with respect to programs |
5 | and services for those persons. |
6 | (27) Promote, utilizing wherever possible the area |
7 | agencies, centers for independent living, support |
8 | organizations and service providers, community education |
9 | regarding the problems of people with disabilities and older |
10 | adults through institutes, publications and use of |
11 | communications media. |
12 | (28) Under the Older Americans Act of 1965, to: |
13 | (i) Evaluate the need for services for older adults |
14 | within this Commonwealth and determine the extent to |
15 | which public and private programs meet such a need with |
16 | special emphasis on the needs and participation of the |
17 | minority elderly. |
18 | (ii) Provide for services to older adults that |
19 | promote lives of independence, dignity, integration and |
20 | involvement through area agencies and other appropriate |
21 | agencies, organizations and institutions authorized in |
22 | accordance with the Older Americans Act of 1965, related |
23 | Federal acts and applicable State law and to stimulate |
24 | services and opportunities for older adults which are not |
25 | otherwise available. |
26 | (iii) Function as the sole State agency to receive |
27 | and disburse Federal funds under the Older Americans Act |
28 | of 1965 and State funds made available for providing |
29 | services to older adults. |
30 | (iv) Develop and administer the State plan for the |
|
1 | aging required by Federal law. |
2 | (v) Promote and support programs, studies and |
3 | policies, in cooperation with other government agencies, |
4 | which will enhance the opportunity for continued work, |
5 | education and training for older adults. |
6 | (vi) Promote, through the use of area agencies and |
7 | direct grants, contracts and technical assistance, the |
8 | development of community senior centers, service |
9 | organizations, clubs, associations and organizations |
10 | dedicated to the rights and needs of older adults when |
11 | these are not in conflict with State or area plans for |
12 | the aging. |
13 | (vii) Establish and administer a State Long-Term |
14 | Care Ombudsman Program, including providing resources to |
15 | area agencies or other contractors to investigate and |
16 | resolve complaints related to the health, safety or |
17 | rights of older adults who are consumers of long-term |
18 | living services and prepare and submit to the General |
19 | Assembly an annual report containing data and findings |
20 | regarding the types of problems experienced and |
21 | complaints investigated. |
22 | (29) Provide guidance as requested by the Department of |
23 | Transportation relating to the Department of Transportation's |
24 | administration of transportation services as authorized by |
25 | Chapter 9 of the act of August 26, 1971 (P.L.351, No.91), |
26 | known as the State Lottery Law. The secretary shall confer |
27 | with the Department of Transportation in order to ensure that |
28 | the regulations promulgated by the department do not conflict |
29 | with those promulgated by the Department of Transportation. |
30 | (c) Preference.--In filling vacancies authorized to the |
|
1 | department, the secretary shall assure that preference is given |
2 | to people with disabilities and older adults. |
3 | Section 5. Council on Aging and Long-Term Living. |
4 | (a) Creation.-- |
5 | (1) There is created in the Office of the Governor the |
6 | Council on Aging and Long-Term Living, which shall consist of |
7 | 36 persons, be comprised of two subcouncils, the Subcouncil |
8 | on Aging and the Subcouncil on Long-Term Living, and include |
9 | the chairpersons of the regional councils on aging and long- |
10 | term living, as described under subsection (f)(7). |
11 | (2) There shall be a chair of the Subcouncil on Aging |
12 | and a chair of the Subcouncil on Long-Term Living. These |
13 | chairs shall serve as cochairs of the council. |
14 | (3) The Subcouncil on Aging shall consist of 18 persons, |
15 | inclusive of the Subcouncil chair, comprised as follows: |
16 | (i) at least five members who are older adults, with |
17 | at least one older adult who receives services through |
18 | the department; |
19 | (ii) no more than five members who are employed by, |
20 | have a financial interest in or are associated with an |
21 | entity that provides services to older adults or an |
22 | organization that represents such providers; |
23 | (iii) no more than five individuals who are |
24 | associated with an organization that advocates for older |
25 | adults; and |
26 | (iv) other individuals selected by the secretary who |
27 | may include academic and other professionals with |
28 | expertise in the field of aging or caregivers for older |
29 | adults. |
30 | (4) The Subcouncil on Long-Term Living shall consist of |
|
1 | 18 persons, inclusive of the Subcouncil chair, comprised as |
2 | follows: |
3 | (i) at least five people with disabilities who are |
4 | not employed by or have a financial interest in an |
5 | organization that provides services to people with |
6 | disabilities; |
7 | (ii) no more than five members who are employed by |
8 | or associated with an organization that provides services |
9 | to people with disabilities or represents such providers; |
10 | (iii) no more than five individuals who are |
11 | associated with an organization that advocates for people |
12 | with disabilities; and |
13 | (iv) other individuals selected by the secretary who |
14 | may include academic and other professionals with |
15 | expertise relating to disabilities or caregivers for |
16 | people with disabilities. |
17 | (5) Nineteen members of the council shall constitute a |
18 | quorum. |
19 | (6) Absence of a member at three consecutive meetings |
20 | shall result in the member forfeiting the seat, unless the |
21 | member requests in writing and receives approval from the |
22 | appropriate cochair for the absence. |
23 | (b) Nomination and terms.--The members of the council shall |
24 | be nominated by the Governor, including those individuals |
25 | selected by the secretary, subject to the consent of a majority |
26 | of the members elected to the Senate, and shall represent, as |
27 | far as possible, the geographical and cultural diversity of this |
28 | Commonwealth. The members shall serve staggered three-year terms |
29 | and shall serve until their successors are appointed and |
30 | qualified. Members shall be eligible for reappointment, except |
|
1 | no member shall serve more than two full consecutive terms. |
2 | (c) Organization.--The council shall provide for its |
3 | organization and procedure including the selection of the |
4 | cochairs and other officers as deemed necessary. |
5 | (d) Compensation.--The members of the council shall receive |
6 | no compensation for their services on the council but shall be |
7 | reimbursed by the department, in accordance with regulations, |
8 | for any ordinary and necessary expenses incurred in the |
9 | performance of their duties. |
10 | (e) Meetings.--The council shall meet at least four times |
11 | per year to review and comment upon all reports of the |
12 | department to the Governor and the General Assembly and conduct |
13 | other council business. The cochairs may schedule meetings of |
14 | the subcouncils in addition to or in conjunction with the |
15 | council meetings. Meetings shall be advertised and conducted |
16 | pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings). |
17 | (f) Powers and duties.--The council shall have the following |
18 | powers and duties: |
19 | (1) To review and comment on rules and regulations |
20 | promulgated by the department. |
21 | (2) To prepare and submit to the Governor, the General |
22 | Assembly and the secretary, public reports evaluating the |
23 | level and quality of services and programs provided to people |
24 | with disabilities and older adults by Commonwealth agencies |
25 | together with recommendations for improved, expanded or |
26 | additional programs and services for people with disabilities |
27 | and older adults, including recommendations for community |
28 | integration and improving cultural sensitivity within these |
29 | programs and services. |
30 | (3) To carry out public hearings on matters affecting |
|
1 | the rights and interests of people with disabilities and |
2 | older adults, including matters involving cases of neglect, |
3 | abuse and discrimination against people with disabilities and |
4 | older adults in the administration of the laws of the |
5 | Commonwealth and its political subdivisions. |
6 | (4) To carry out studies about major issues affecting |
7 | people with disabilities and older adults and to report to |
8 | the Governor, the General Assembly, the secretary and the |
9 | public its findings and recommendations in regard to |
10 | appropriate action and a long-term strategy for addressing |
11 | these issues. |
12 | (5) To assist the department in the preparation of the |
13 | State plan on aging. |
14 | (6) To consult with the secretary regarding the |
15 | operations of the department. |
16 | (7) To establish no more than five regional councils on |
17 | aging and long-term living consisting of 15 citizen members, |
18 | with the composition, members' terms of offices, organization |
19 | and duties and responsibilities determined by the council. |
20 | The council shall ensure that the regional councils are |
21 | representative of the constituencies cited in subsection (a) |
22 | (3) and (4). |
23 | (8) To employ, with funds as are annually appropriated |
24 | by the General Assembly, sufficient staff and services to |
25 | carry out these duties and powers as well as the duties and |
26 | powers of the regional councils. |
27 | Section 6. Area agencies. |
28 | (a) Planning and service area.--Planning and service areas |
29 | in existence on the effective date of this section may only be |
30 | changed by order of the secretary under provisions set forth by |
|
1 | the department for combining or dividing geographical areas to |
2 | bring about more effective and efficient planning and service |
3 | delivery. |
4 | (b) Designated area agencies.-- |
5 | (1) For each planning and service area there shall be an |
6 | area agency designated by the department in accordance with |
7 | the Older Americans Act of 1965, to serve as a focal point in |
8 | the community for the coordination of services for older |
9 | adults and for the issues and concerns of aging. |
10 | (2) An area agency designated under paragraph (1) shall |
11 | be one of the following: |
12 | (i) An established office of aging. |
13 | (ii) An office or agency of the unit of general |
14 | purpose local government which is designated for the |
15 | purpose under paragraph (1) by the chief elected |
16 | officials of the unit of general purpose local |
17 | government. |
18 | (iii) An office or agency designated by the chief |
19 | elected officials of a combination of units of general |
20 | purpose local government to act on behalf of that |
21 | combination for the purpose under paragraph (1). |
22 | (iv) A public or nonprofit private agency in a |
23 | planning and service area which is under the supervision |
24 | or direction, for the purpose under paragraph (1), of the |
25 | designated State agency and which can engage in the |
26 | planning or provision of a broad range of social services |
27 | within the planning and service area and must provide |
28 | assurance, found adequate by the department, that it will |
29 | have the ability to develop and administer an area plan. |
30 | (3) The secretary may redesignate or designate new area |
|
1 | agencies based on established regulations. The regulations |
2 | shall include criteria of efficiencies, appropriateness and |
3 | equity and shall provide for public hearings on redesignation |
4 | conducted in the affected planning and service areas. Any |
5 | determinations of redesignation shall be executed not less |
6 | than 100 days prior to the beginning of the fiscal year of |
7 | the local authority. A designation or redesignation may |
8 | occur: |
9 | (i) if changes are made in established planning and |
10 | service area boundaries; |
11 | (ii) if a currently designated area agency is unable |
12 | or unwilling to continue as the area agency; |
13 | (iii) if removal of an area agency designation is |
14 | requested by the local authority with cause shown; or |
15 | (iv) if the department determines that a currently |
16 | designated area agency is incapable of carrying out its |
17 | approved area plan. |
18 | (4) The removal of an area agency designation and the |
19 | designation of a new area agency shall be carried out under |
20 | regulations promulgated by the department and consistent with |
21 | the Older Americans Act of 1965. |
22 | (5) For the purpose of this subsection, the term "local |
23 | authority" shall mean county commissioners or county council. |
24 | (c) Powers and duties.-- |
25 | (1) The area agency shall have the authority to act as |
26 | an advocate at all levels of government and within the |
27 | community at large for the interests of older adults within |
28 | the planning and service area. It shall develop a |
29 | comprehensive area plan to coordinate services for older |
30 | adults within its planning and service area. The area plan |
|
1 | shall make provision for all of the following: |
2 | (i) Information and referral, advocacy programs. |
3 | (ii) Service coordination or case management of |
4 | services, including protective services and long-term |
5 | living services. |
6 | (iii) Transportation services. |
7 | (iv) Legal counseling and representation. |
8 | (v) In-home services that recognize consumer choice, |
9 | including personal assistance and supportive services, |
10 | which shall include consumer-directed services. |
11 | (vi) Assistance to secure adequate housing and |
12 | health services. |
13 | (vii) Other services required by Federal law and |
14 | services and activities designated by the department or |
15 | identified as critical needs by the area agency and the |
16 | area agency advisory board. The State plan on aging and |
17 | grants and contracts provided by the department shall |
18 | reasonably accommodate locally designated priorities and |
19 | critical needs. |
20 | (viii) The establishment of an affiliated network of |
21 | community senior centers. |
22 | (ix) Congregate and home-delivered meals. |
23 | (x) Information and programs about wellness and |
24 | prevention, including management of chronic disease. |
25 | (2) The area agency shall be responsible for working |
26 | toward the development, in cooperation with State and local |
27 | organizations and agencies, of a continuum of community-based |
28 | service and housing options for older adults designed to |
29 | maintain them in the community and avoid or delay |
30 | institutional care when clinically appropriate. The area |
|
1 | agency shall ensure that consumers are made aware of the |
2 | availability of nursing facility services and other |
3 | residential settings when identified as a clinically |
4 | appropriate option. System development activities shall |
5 | include coordinating area plans for the provision, expansion |
6 | and effective administration of: |
7 | (i) In-home services that recognize consumer choice, |
8 | including personal assistance and supportive services, |
9 | which shall include consumer-directed services. |
10 | (ii) Housing options such as service-enriched |
11 | housing, personal care homes and assisted living |
12 | residences and nursing facility services, when clinically |
13 | appropriate. |
14 | (iii) Special supports to caregivers who care for |
15 | older adults. |
16 | (iv) Adult daily living services, respite services |
17 | and other community-based services to support caregivers. |
18 | (v) The promotion of informal community supports. |
19 | (vi) Comprehensive and ongoing assessment programs. |
20 | (vii) Counseling programs to assist individuals in |
21 | determining appropriate long-term living services. |
22 | (viii) Special services to protect the health, |
23 | safety and welfare of older adults who lack the capacity |
24 | to protect themselves. |
25 | (ix) Special advocacy efforts to promote greater |
26 | awareness of Alzheimer’s disease and other related |
27 | dementia. To the extent that the needs of other adults |
28 | affected by Alzheimer's disease and other related |
29 | dementia involve and overlap the needs of older adults |
30 | addressed under this subparagraph, the area agency shall |
|
1 | serve as an advocate for affected adults of any age. |
2 | (3) The area agency shall give priority of services to |
3 | older adults with the greatest social need and greatest |
4 | economic need. |
5 | (4) In filling employment vacancies, the area agency |
6 | shall assure that preference is given to older adults. |
7 | (5) Consistent with the Older Americans Act of 1965 and |
8 | provisions set forth by the department, the area agency may |
9 | grant to or contract with any public or private agency for |
10 | the provision of social services. The area agency is |
11 | authorized to use, with their consent, the services, |
12 | equipment, personnel and facilities of Federal and State |
13 | agencies, with or without reimbursement and on a similar |
14 | basis, to cooperate with other public and private agencies, |
15 | and instrumentalities in the use of services, equipment and |
16 | facilities. |
17 | (d) Advisory councils.--In each planning and service area, |
18 | an advisory council of at least 15 members shall be appointed to |
19 | advise the area agency with regard to the needs of older adults |
20 | residing in the planning and service area and the area agency’s |
21 | responses to those needs. The composition and responsibility of |
22 | the area agency advisory council shall be consistent with the |
23 | provisions of the Older Americans Act of 1965 and the |
24 | regulations of the department. The regulations shall require |
25 | that each advisory council be composed of a majority of older |
26 | adults. Advisory councils shall be given the maximum possible |
27 | opportunity to influence local programs and policies and |
28 | advocacy roles within area agency programs and local |
29 | communities. Area agencies shall provide advisory councils with |
30 | the funds necessary to carry out their functions. |
|
1 | (e) Reports and plans.-- |
2 | (1) Under provisions set forth by the department, the |
3 | area agency shall submit to the department a comprehensive |
4 | area plan which clearly explains the area agency’s objectives |
5 | for providing services to the older adults of the planning |
6 | and service area. The plan may be submitted as part of a |
7 | coordinated county human service plan if the format is |
8 | approved by the department. |
9 | (2) Area plans shall be subject to approval by the |
10 | department based on the area agency's demonstration of |
11 | compliance with the Older Americans Act of 1965 and other |
12 | applicable law, provision of services in a manner that |
13 | advances the goal of consistency among the planning and |
14 | service areas of the Commonwealth and other relevant factors |
15 | to be determined by the secretary. |
16 | (3) Each area agency, under provisions set forth by the |
17 | department, shall submit an annual report which describes and |
18 | evaluates its programs and services after the close of each |
19 | year of funding by the department. |
20 | (f) Allocation of resources.-- |
21 | (1) The area agency shall receive a basic allocation of |
22 | resources, consisting of Federal and State funds weighted by |
23 | the proportion of poor older adults who reside in the |
24 | planning and service area in relation to the total number of |
25 | poor older adults who reside in this Commonwealth utilizing |
26 | poverty threshold income standards as determined by the |
27 | United States Office of Management and Budget, except that |
28 | each area agency shall be held harmless to the amount of |
29 | State funds received in the preceding program year. |
30 | (2) The department may allocate additional resources to |
|
1 | area agencies based upon the total number of older adults who |
2 | reside within the planning and service area, the availability |
3 | of transportation services, the rural-urban distribution of |
4 | older adults, rural program cost differentials, the need for |
5 | social and medical services, the amount of funds devoted by |
6 | county commissioners for older adults and other special |
7 | circumstances as determined by the secretary. |
8 | (3) Funds appropriated to carry out the purposes of this |
9 | act shall be distributed to the area agencies as grants or |
10 | cost reimbursement for services to older adults, if there is |
11 | an acceptable plan in accordance with subsection (e). |
12 | (g) Evaluation.--The department shall continually review and |
13 | evaluate the activities of area agencies and the impact and |
14 | effectiveness of all programs under this act, which may include |
15 | an onsite evaluation. A written report of the findings of the |
16 | evaluation shall be submitted to the area agency subject to the |
17 | evaluation and within 30 days shall be available to the public. |
18 | In all evaluations, the department shall obtain the views of |
19 | program beneficiaries concerning strengths and weaknesses of the |
20 | program. Other departments and agencies of the Commonwealth |
21 | shall make available to the department information necessary for |
22 | the evaluations. The department shall annually submit to the |
23 | Governor and the General Assembly a report on its activities |
24 | including statistical data reflecting services and activities |
25 | provided to older adults and people with disabilities during the | <-- |
26 | preceding fiscal year. |
27 | Section 7. Demonstration programs. |
28 | In recognition of the need for expanded knowledge and |
29 | experience concerning the status of people with disabilities and |
30 | older adults in this Commonwealth, the secretary may provide for |
|
1 | research and demonstration programs for the following purposes: |
2 | (1) Studying current living conditions and needs with |
3 | special emphasis on persons with low income, medical and |
4 | functional disabilities, advanced age and isolated living |
5 | situations. |
6 | (2) Studying existing methods and alternatives for |
7 | providing services, programs and opportunities. |
8 | (3) Identifying those factors of particular detriment or |
9 | benefit to the welfare of people with disabilities and older |
10 | adults. |
11 | (4) Developing new approaches and alternatives for |
12 | living arrangements, social services, institutional care, |
13 | health services, legal representation and the coordination of |
14 | community services. |
15 | (5) Studying intergenerational mentoring programs that |
16 | exemplify the value and benefits of the knowledge and |
17 | experience of older adults. |
18 | Section 8. Reorganization. |
19 | (a) Employees.-- |
20 | (1) All Department of Public Welfare personnel employed |
21 | by the Office of Long-Term Living and the allocations, |
22 | appropriations, equipment, files, records, contracts, |
23 | agreements, obligations and other materials which are used or |
24 | expended by the Department of Public Welfare exclusively in |
25 | connection with the powers, duties or functions exercised by |
26 | the Office of Long-Term Living are transferred to the |
27 | department with the same force and effect as if the |
28 | appropriations had been made to and the items had been the |
29 | property of the Department of Aging and Long-Term Living and |
30 | as if the contracts, agreements and obligations had been |
|
1 | incurred or entered into by the department. |
2 | (2) All Department of Public Welfare personnel involved |
3 | with the licensure and regulation of personal care homes and |
4 | the allocations, appropriations, equipment, files, records, |
5 | contracts, agreements, obligations and other materials which |
6 | are used or expended by the Department of Public Welfare |
7 | exclusively in connection with the licensure and regulation |
8 | of personal care homes are transferred to the department upon |
9 | the effective date of this subsection, pursuant to subsection |
10 | 20(a). |
11 | (b) Contracts and obligations.--The reorganization of the |
12 | Department of Aging as the department shall not affect the |
13 | status of any contract, agreement or obligation entered into by |
14 | the Department of Aging. |
15 | (c) Civil service.--All positions in the department shall be |
16 | deemed to be included in the list of positions under section |
17 | 3(d) of the act of August 5, 1941 (P.L.752, No.286), known as |
18 | the Civil Service Act, and the provisions and benefits of the |
19 | act shall be applicable to the employees of and positions in the |
20 | department. |
21 | (d) Personnel.--All personnel transferred to the department |
22 | from the Department of Public Welfare under this act shall |
23 | retain any civil service or other employment status assigned to |
24 | the personnel in those departments and agencies prior to the |
25 | effective date of this section. |
26 | (e) References.--A reference in a statute or regulation to |
27 | the Department of Aging shall mean a reference to the |
28 | department. A reference in a statute or regulation to the |
29 | Secretary of Aging shall mean a reference to the secretary. |
30 | (f) Secretary of Aging.--The Secretary of Aging shall become |
|
1 | the secretary on the effective date of this section. Programs |
2 | and activities authorized under this act shall not commence |
3 | before that date, except that the secretary and adequate staff, |
4 | to be supported from the affected authorizations, shall |
5 | immediately commence transitional and budgetary activities. |
6 | Section 9. Lottery fund. |
7 | The department shall not expend moneys available through the |
8 | State Lottery Fund for the administration and provision of |
9 | programs being transferred by this act from the Department of |
10 | Public Welfare to provide services for people with disabilities |
11 | who are under 60 years of age. |
12 | Section 19. Repeals. |
13 | Repeals are as follows: |
14 | (1) The General Assembly declares that the repeals under |
15 | paragraphs (2) and (3) are necessary to effectuate the |
16 | purposes of this act. |
17 | (2) The provisions of the act of June 13, 1967 (P.L.31, |
18 | No.21), known as the Public Welfare Code, are repealed to the |
19 | extent that they are inconsistent with this act. |
20 | (3) Article XXII-A of the act of April 9, 1929 (P.L.177, |
21 | No.175), known as The Administrative Code of 1929, is |
22 | repealed. |
23 | (4) All other acts and parts of acts are repealed |
24 | insofar as they are inconsistent with this act. |
25 | Section 20. Effective date. |
26 | This act shall take effect as follows: |
27 | (1) Sections 4(b)(9.1) and 8(a)(2) shall take effect |
28 | when final regulations regarding assisted living residences |
29 | pursuant to the act of July 25, 2007 (P.L.402, No.56), |
30 | entitled "'an act to consolidate, editorially revise, and |
|
1 | codify the public welfare laws of the Commonwealth,' further |
2 | providing for State plan for regulating and licensing |
3 | personal care homes, for Intra-Governmental Council on Long- |
4 | Term Care and for rules and regulations for personal care |
5 | homes and assisted living residences," are published by the |
6 | Department of Public Welfare in the Pennsylvania Bulletin. |
7 | (2) The remainder of this act shall take effect July 1, |
8 | 2009, or immediately, whichever is later. |
|