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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MURT, BELFANTI, CREIGHTON, GODSHALL, KORTZ, LONGIETTI, MELIO, MILLER, MOUL, O'NEILL, PICKETT, PYLE, QUINN, ROSS, SAYLOR, SIPTROTH, K. SMITH, SOLOBAY, SWANGER, J. TAYLOR, VULAKOVICH, WATSON AND YOUNGBLOOD, APRIL 28, 2009 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, APRIL 28, 2009 |
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| AN ACT |
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1 | Prohibiting employees of long-term care providers from serving |
2 | as guardian, agent under a power of attorney, insurance or |
3 | annuity beneficiary or estate executor of individuals who |
4 | receive services from a long-term care provider. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Long-Term |
9 | Care Consumer Financial Interest Prohibition Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Facility." Any of the following: |
15 | (1) A facility that provides "domiciliary care" as |
16 | defined under section 2202-A of the act of April 9, 1929 |
17 | (P.L.177, No.175), known as The Administrative Code of 1929. |
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1 | (2) An "assisted living residence" as defined under |
2 | section 1001 of the act of June 13, 1967 (P.L.31, No.21), |
3 | known as the Public Welfare Code. |
4 | (3) A "personal care home" as defined under section 1001 |
5 | of the act of June 13, 1967 (P.L.31, No.21), known as the |
6 | Public Welfare Code. |
7 | (4) A "long-term care nursing facility" as defined under |
8 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
9 | known as the Health Care Facilities Act. |
10 | (5) A facility that provides "continuing care" as |
11 | defined under section 3 of the act of June 18, 1984 (P.L.391, |
12 | No.82), known as the Continuing-Care Provider Registration |
13 | and Disclosure Act. |
14 | (6) An "older adult daily living center" as defined |
15 | under section 2 of the act of July 11, 1990 (P.L.499, |
16 | No.118), known as the Older Adult Daily Living Centers |
17 | Licensing Act. |
18 | "Home and community-based provider." Any of the following: |
19 | (1) A "home care agency" as defined under section 802.1 |
20 | of the act of July 19, 1979 (P.L.130, No.48), known as the |
21 | Health Care Facilities Act. |
22 | (2) A "home health care agency" as defined under section |
23 | 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as |
24 | the Health Care Facilities Act. |
25 | (3) A State-approved home and community-based waiver |
26 | provider that operates under a Medicaid home and community- |
27 | based waiver granted by the Centers for Medicaid and Medicare |
28 | Services to the Department of Public Welfare under the |
29 | authority of section 1915(c) of the Social Security Act (49 |
30 | Stat. 620, 42 U.S.C. § 1396n (c)) and that provides long-term |
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1 | care to nursing-facility-eligible consumers in the consumers' |
2 | homes or at locations in the community to assist consumers to |
3 | function as independently as possible. |
4 | "Long-term care." Assistance, service or other devices which |
5 | may be provided over an extended period of time and designed to |
6 | meet medical, personal and social needs associated with aging, |
7 | chronic disease or disability, acute illness or injury or |
8 | behavioral health problems that enable a person to live as |
9 | independently as possible. |
10 | "Long-term care consumer." An individual who receives |
11 | services from a long-term care provider. |
12 | "Long-term care provider" or "provider." A facility or a |
13 | home and community-based provider licensed, certified or |
14 | otherwise approved by the Commonwealth to provide long-term |
15 | care. |
16 | Section 3. Financial interest prohibition. |
17 | No employee who is paid by a provider to provide long-term |
18 | care services to a long-term care consumer, and no contract |
19 | employee who has direct contact with a long-term care consumer |
20 | or unsupervised access to the personal living quarters of a |
21 | long-term care consumer may: |
22 | (1) Be appointed or act as guardian of a long-term care |
23 | consumer. |
24 | (2) Serve as an agent under a power of attorney of a |
25 | long-term care consumer. |
26 | (3) Be a beneficiary of any insurance policy or annuity |
27 | of a long-term care consumer. |
28 | (4) Serve as an executor of the estate of a long-term |
29 | care consumer. |
30 | Section 4. Effective date. |
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1 | This act shall take effect immediately. |
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