| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY GINGRICH, CALTAGIRONE, FLECK, GEIST, GRELL, GROVE, HORNAMAN, KAUFFMAN, MURT, PICKETT, RAPP, ROSS, STABACK, J. TAYLOR AND VULAKOVICH, FEBRUARY 10, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 10, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for the training and certification of qualified |
2 | assessors of individuals needing long-term care services, for |
3 | the powers and duties of the Department of Aging and for |
4 | report to General Assembly. |
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 Assessor Training and Certification 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 | "Comprehensive assessment." A thorough and independent |
15 | review and analysis of a consumer's functional status and |
16 | financial resources. The term includes a personal history, |
17 | assessment of physical and emotional health, ability to carry |
18 | out activities of daily living, informal supports, environmental |
|
1 | factors and cognitive functioning, including immobility |
2 | assessment. |
3 | "Comprehensive service plan." A plan developed to meet a |
4 | consumer's individual needs, as determined by a comprehensive |
5 | assessment and developed by an interdisciplinary team that |
6 | includes the consumer, the consumer's legal representatives, the |
7 | consumer's family member and an appropriate professional on |
8 | aging as defined by regulation of the department. |
9 | "Consumer." An individual seeking long-term care services. |
10 | "Department." The Department of Aging of the Commonwealth. |
11 | "Long-term care services." Functionally necessary or |
12 | medically necessary diagnostic, preventive, therapeutic, |
13 | rehabilitative, maintenance or personal care services provided |
14 | in a setting other than an acute care unit of a hospital. |
15 | "Options program." The Long-Term Care Preadmission |
16 | Assessment Program and the Community Services for Nursing |
17 | Facility Eligibility Program administered by the Department of |
18 | Aging and operated by the local area agencies on aging. |
19 | "Qualified assessor." A person approved by the Department of |
20 | Aging as qualified to conduct assessments of consumers and |
21 | develop service plans based thereon. The term includes a |
22 | qualified employee of an area agency on aging, a qualified |
23 | employee of a licensed entity providing long-term care services |
24 | or a qualified independent entity. The term does not include a |
25 | hospital discharge planner or other staff or employee of an |
26 | insured's health or long-term care insurance company. |
27 | Section 3. Duties of department. |
28 | (a) Development of qualified assessor program.--The |
29 | department shall develop a training and certification program |
30 | for qualified assessors. Only those qualified assessors trained |
|
1 | and certified by the department shall be permitted to conduct |
2 | assessments that identify the services a consumer requires and |
3 | that serve as the basis for a comprehensive service plan. This |
4 | program shall be separate from the Options program. However, |
5 | nothing in this act shall be construed to permit a qualified |
6 | assessor, other than a local area agency on aging, to perform an |
7 | Options program assessment. |
8 | (b) List of qualified assessors.--The department shall |
9 | develop and make available to the public a listing of qualified |
10 | assessors. The listing shall be updated at least monthly and |
11 | shall be available on the department's Internet website and |
12 | through the local area agencies on aging. |
13 | Section 4. Duties of qualified assessors. |
14 | (a) Certification required.-- |
15 | (1) A qualified assessor shall certify that any |
16 | assessment or reassessment the qualified assessor conducts is |
17 | true and correct to the best of that qualified assessor's |
18 | knowledge and skill at the time of assessment. |
19 | (2) The department shall revoke the certification of any |
20 | qualified assessor who falsely certifies a need for services. |
21 | (b) Standardized screening instrument.--A qualified assessor |
22 | shall utilize a standardized screening instrument. The |
23 | instrument shall be developed by the department, in cooperation |
24 | with the Department of Public Welfare, the Department of Health |
25 | and the Intra-Governmental Council on Long-Term Care, within six |
26 | months of the effective date of this section. |
27 | Section 5. Report to General Assembly. |
28 | Within one year of the effective date of this section, the |
29 | department shall provide to the General Assembly a report on |
30 | programs within this Commonwealth and throughout the United |
|
1 | States that seek to maximize the effectiveness of charitable |
2 | pharmaceutical programs and to provide recommendations for new |
3 | laws and initiatives within this Commonwealth to enhance the |
4 | ability of Pennsylvanians to take advantage of such programs. |
5 | Section 6. Rules and regulations. |
6 | The department shall work in cooperation with the Department |
7 | of Public Welfare, the Department of Health and the Intra- |
8 | Governmental Council on Long-Term Care to develop rules and |
9 | regulations to implement this act. Within six months of the |
10 | effective date of this section, the department shall promulgate |
11 | regulations to implement this act. |
12 | Section 7. Effective date. |
13 | This act shall take effect as follows: |
14 | (1) Section 5 shall take effect immediately. |
15 | (2) This section shall take effect immediately. |
16 | (3) The remainder of this act shall take effect in one |
17 | year. |
|