Bill Text: PA HB745 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further defining "facility"; defining "chronic dementia" and "cognitive impairment"; and providing for certain disclosures to facility residents.

Sponsorship: Moderate Partisan Bill (Democrat 17-3)

Status: (Introduced - Dead) 2011-02-17 - Referred to AGING AND OLDER ADULT SERVICES [HB745 Detail]

Download: Pennsylvania-2011-HB745-Introduced.html

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PRINTER'S NO. 762
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 745 Session of2011
INTRODUCED BY JOHNSON, HORNAMAN, STURLA, YOUNGBLOOD, MUNDY, MANN, JOSEPHS, GEORGE, CLYMER, HALUSKA, D. COSTA, STABACK, DeLUCA, FRANKEL, SANTARSIERO, VULAKOVICH, W. KELLER, MILLARD AND KIRKLAND, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 17, 2011
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," further defining "facility"; defining
"chronic dementia" and "cognitive impairment"; and providing
for certain disclosures to facility residents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "facility" in section 103 of
the act of November 6, 1987 (P.L.381, No.79), known as the Older
Adults Protective Services Act, amended December 18, 1996 (P.L.
1125, No.169), is amended and the section is amended by adding
definitions to read:
Section 103. 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:
* * *
"Chronic dementia." An irreversible global loss of cognitive
function causing evident intellectual impairment which always
includes memory loss, without alteration of state of
consciousness as diagnosed by a physician and is severe enough
to interfere with work or social activities, or both, and to
require continuous care or supervision.
* * *
"Cognitive impairment." A mental or emotional condition or
disorder that substantially affects a person's ability to
reason, understand and make decisions.
* * *
"Facility." Any of the following:
(1) A domiciliary care home as defined in section 2202-A
of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
(2) A home health care agency.
(3) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(4) An older adult daily living center as defined in
section 2 of the act of July 11, 1990 (P.L.499, No.118),
known as the Older Adult Daily Living Centers Licensing Act.
(5) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
(6) An assisted living residence as defined in section
1001 of the act of June 13, 1967 (P.L.31, No.21), known as
the Public Welfare Code.
* * *
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Section 2. The act is amended by adding a chapter to read:
CHAPTER 9
DISCLOSURES
Section 901. Physician disclosure.
(a) Disclosure.--In any facility in which a physician holds
a financial or ownership interest and is the attending or
primary care physician for a resident or prospective resident of
the facility the physician shall disclose the interest to each
facility resident or prospective resident and responsible family
member or legal representative of the facility resident or
prospective resident. The following shall have the right to
choose the physician disclosing the interest or an independent
physician as the primary care physician of the facility resident
or prospective resident:
(1) the resident or prospective resident of the
facility; or
(2) the family member or legal representative of the
resident or prospective resident of the facility.
(b) Violation.--A physician who violates this section is
subject to disciplinary action under the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985.
(c) Regulations.--The department shall promulgate rules and
regulations regarding oversight, compliance and enforcement
under this section, including cases where a facility resident or
prospective resident has a cognitive impairment or chronic
dementia and has no responsible family member or legal
representative.
Section 3. This act shall take effect in 60 days.
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