Bill Text: PA HB821 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Requiring certain long-term care facilities to coordinate with licensing agencies and local area agencies on aging to provide assistance to consumers in circumstances involving relocation of consumers; and providing for powers and duties of the Department of Aging.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2009-04-24 - Referred to AGING AND YOUTH [HB821 Detail]

Download: Pennsylvania-2009-HB821-Amended.html

---

PRIOR PRINTER'S NO. 928 PRINTER'S NO. 1276
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 821 Session of2009
INTRODUCED BY BOBACK, MUNDY, HENNESSEY, BEAR, BEYER, CARROLL, CAUSER, CONKLIN, CREIGHTON, FRANKEL, GIBBONS, GINGRICH, GOODMAN, GROVE, HALUSKA, HELM, KAUFFMAN, W. KELLER, KILLION, KORTZ, MAJOR, MANN, MELIO, MILLARD, MILLER, MOUL, MURT, MUSTIO, MYERS, M. O'BRIEN, O'NEILL, PALLONE, PHILLIPS, PICKETT, RAPP, ROHRER, ROSS, SCAVELLO, SIPTROTH, K. SMITH, STERN, SWANGER, VULAKOVICH, WALKO, WATSON AND YOUNGBLOOD, MARCH 10, 2009
AS REPORTED FROM COMMITTEE ON AGING AND OLDER ADULT SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2009
AN ACT
Requiring certain long-term care facilities to coordinate with
licensing agencies and local area agencies on aging to
provide assistance to consumers in circumstances involving
relocation of consumers; and providing for powers and duties
of the Department of Aging.
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 the Long-Term
Care Consumer Relocation Coordination 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:
"Area agency on aging" or "AAA." The single local agency
designated by the department within each planning and service
area to administer the delivery of a comprehensive and
coordinated plan of social and other services and activities in
the planning and service area.
"Consumer." A person who receives services in a facility and <--
who does not have a designated person on file.
"Department." The Department of Aging of the Commonwealth.
"Designated person." An individual who may be chosen by a
consumer and documented in the consumer's record, to be notified
in case of an emergency, termination of service, facility
closure or other situations as indicated by the consumer or as
required by law or regulation. The term includes a consumer's
legal representative or an advocate.
"Facility." Any of the following:
(1) A home that provides domiciliary care 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 personal care home or 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.
(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.
"Licensing agency." In the case of:
(1) A domiciliary care home, the Department of Aging.
(2) A long-term care nursing facility, the Department of
Health.
(3) A personal care home or an assisted living
residence, the Department of Public Welfare.
"Long-term care ombudsman" or "ombudsman." An agent of the
Department of Aging, who under section 2203-A of the act of
20090HB0821PN1276 - 2 -
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, investigates and seeks to resolve complaints made
by or on behalf of older individuals who are consumers of
facilities, which complaints may relate to action, inaction or
decisions of facilities, public agencies or of social agencies
or their representatives, and which may adversely affect the
health, safety, welfare, interests, preferences or rights of
consumers.
"Relocation." The transfer of a consumer from one facility
to another or discharge of a consumer from a facility to another <--
setting.
Section 3. Coordination efforts in relocation situations.
(a) General rule.--Other than situations described in
subsection (b), at least 30 days prior to relocation of a
consumer, a facility shall provide a written notice to the
consumer and the consumer's designated person and shall notify <--
the appropriate licensing agency and both the area agency on
aging within their designated area and the area agency on aging
within the designated area of the facility to which the consumer
is being relocated.
(b) Exceptions.--
(1) Prior to a relocation situation involving the
imminent removal of a consumer in order to ensure the
consumer's health and safety, a facility shall notify the
consumer and the consumer's designated person and shall <--
contact the appropriate licensing agency and both the area
agency on aging within their designated area and the area
agency on aging within the designated area of the facility to
which the consumer is being relocated.
(2) When a relocation is at the request of a consumer or <--
20090HB0821PN1276 - 3 -
the consumer's designated person and either of themwho has <--
provided notice to the facility, the 30-day notice shall be
waived.
(c) Administrative cooperation.--When a relocation occurs,
the affected facilities, licensing agencies and local area
agencies on aging shall:
(1) Coordinate efforts to ensure the protection of the
health and safety of the consumer and ensure smooth
relocation for each consumer at the facilitythe consumer. <--
(2) Share relevant information concerning the consumer
and the relocation plans and process, including, but not
limited to, conducting site visits for alternative placement.
(3) Cooperate in order to ensure that any other agencies
that may serve certain specific populations, including, but
not limited to, mental health, mental retardation and
veterans' affairs, shall be included in the relocation
process, as appropriate.
(4) (i) Coordinate the relocation process so that
consumer relocation occurs only between the hours of
7 a.m. and 7 p.m.
(ii) Subparagraph (i) shall not apply in emergency
situations where consumers must be relocated in order to
ensure their health and safety.
(d) Long-term care ombudsman duties.--
(1) The local ombudsman shall ensure that a consumer, <--
and if appropriate, the consumer's designated person, acting
within the scope of that person's authority, is involved in
planning such transfers and is afforded the right to choose
among the available alternative placements.
(2) The ombudsman shall also assist consumers who are 60
20090HB0821PN1276 - 4 -
years of age and older and shall refer consumers, regardless
of age, to appropriate social service agencies.
(3) Nothing in this act shall be construed to preclude
the right of a licensing agency to make temporary placement
until final placement can be arranged.
(e) Record of relocation incident.--
(1) An AAA shall maintain a record of each relocation
incident in which the local ombudsman is involved and shall,
upon request, share that information with the licensing
agency, the department and, to the extent that release of
that information is relevant to an investigation of criminal
activity, law enforcement officials.
(2) The department shall provide technical assistance
and guidance to the local ombudsman to ensure that laws and
regulations regarding confidentiality of information are
strictly adhered to.
Section 4. Enforcement.
(a) Appropriate licensing agencies.--In a relocation, the
appropriate licensing agency shall take a lead role to ensure
that facilities involved in the relocation comply with the
provisions of this act as a condition of licensure.
(b) Department.--The department shall ensure that the local
ombudsman and each area agency on aging complies with the
provisions of this act.
(c) Promulgation of regulations.--The department shall work
in consultation with the Department of Health and the Department
of Public Welfare to develop rules and regulations to implement
this act, including sanctions to be imposed for noncompliance.
Section 5. Effective date.
This act shall take effect in 180 days.
20090HB0821PN1276 - 5 -