1Establishing the Pennsylvania Long-term Care Council; providing
2for its powers and duties; and repealing related provisions
3of the Public Welfare Code.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Pennsylvania
8Long-term Care Council Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Council." The Pennsylvania Long-term Care Council.

14"Department." The Department of Aging of the Commonwealth.

15Section 3. Pennsylvania Long-term Care Council.

16(a) Establishment.--The Pennsylvania Long-term Care Council
17is established within the department.

18(b) Membership.--The council shall be composed of and

1appointed in accordance with the following:

2(1) The Secretary of Aging.

3(2) The Secretary of Community and Economic Development.

4(3) The Secretary of Health.

5(4) The Secretary of Public Welfare.

6(5) The Insurance Commissioner.

7(6) The Executive Director of the Pennsylvania Housing
8Finance Agency.

9(7) Two members of the House of Representatives, one
10appointed by the Speaker of the House of Representatives and
11one appointed by the Minority Leader.

12(8) Two members of the Senate, one appointed by the
13President pro tempore and one appointed by the Minority
14Leader.

<-15(9) The following members to be recommended by the
16Secretary of Aging for appointment by the Governor as
17follows:

18(i) One representative from the Pennsylvania Council
19on Aging.

20(ii) Five members who represent consumer advocacy
21groups.

22(iii) One member who represents the elder law
23section of the Pennsylvania Bar Association.

24(iv) A licensed insurance producer with at least ten
25years' experience in the long-term care insurance market
26who is a member of an association through which members
27sell, solicit and negotiate contracts of health
28insurance.

29(v) Five members who represent providers throughout
30the long-term care continuum.

1(vi) Four members of the public who represent
2business, labor, housing and the medical community, as
3the Governor shall appoint.

<-4(9) The following members to be appointed by the
5Governor, in consultation with the Secretary of Aging:

6(i) One representative from the Pennsylvania Council
7on Aging.

8(ii) One member who represents the local area
9agencies on aging.

10(iii) Five members who represent consumer advocacy
11groups, with at least one being a consumer of long-term
12care services.

13(iv) One member who represents the elder law section
14of the Pennsylvania Bar Association.

15(v) One member who is a licensed insurance producer
16with at least ten years' experience in the long-term care
17insurance market.

18(vi) Six members who represent providers throughout
19the long-term care continuum, with no more than one
20member representing a single provider group.

21(vii) One member who has caregiver experience.

22(viii) One member who represents the medical
23community.

24(ix) One member who represents an academic research
25institution.

26(x) One member who represents the County
27Commissioners Association of Pennsylvania.

28(c) Designee.--With the exception of the chairperson,
29governmental members may appoint a designee to attend and vote
30at meetings of the council. Each governmental member who

1appoints a designee shall do so by sending a letter to the
2chairperson stating the name of that designee.

3(d) Chairperson.--The Secretary of Aging shall serve as
4chairperson.

5(e) Executive director.--The Secretary of Aging shall
6appoint an executive director of the council.

7(f) Terms of members.--

8(1) The terms of those members who serve <-by virtue of 
9the public office they hold <-in accordance with subsection (b)
10(1), (2), (3), (4), (5) and (6) shall be concurrent with
11their service in the office from which they derive their
12membership.

<-13(2) The remaining members shall serve until their
14successors are appointed, provided that they represent the
15interest of the membership class for which they were
16appointed.

17(g) Expenses.--Members shall not receive compensation or
18remuneration, but shall be entitled to reimbursement for all
19reasonable and necessary actual expenses accrued in the
20performance of their duties as members.

<-21(2) Members appointed in accordance with subsection
22(b)(7) and (8) shall serve terms conterminous with their
23respective appointing authorities.

24(3) Of the members appointed by the Governor, no less
25than one-third of the members shall be appointed to serve a
26two-year initial term, no less than one-third of the members
27shall be appointed to serve a three-year initial term and the
28remaining members shall serve a four-year term. Members of
29the council shall serve for terms of four years after
30completion of the initial terms as designated in this

1section.

2(4) Members shall be eligible for reappointment but
3shall serve no more than two consecutive full terms. Members
4shall serve until their successors are appointed and
5qualified, provided they represent the interests of the
6membership class for which they were appointed.

7(g) Vacancies.--Any vacancy on the council shall be filled
8by the original appointing authority. An individual appointed to
9fill a vacancy shall serve the balance of the previous member's
10term.

11(h) Removal.--In addition to the provisions of subsection
12(f)(1) and (2), members may be removed from the board for the
13following reasons:

14(1) A member who fails to attend three consecutive
15meetings shall forfeit his or her seat unless the chairman,
16upon written request from the member, finds that the member
17should be excused from a meeting.

18(2) A member shall forfeit his or her seat if he or she
19no longer represents the interests of the membership class
20for which he or she was appointed. Specifically, a member
21meeting this threshold shall no longer be employed or
22associated with the interests of the respective qualification
23for which he or she was appointed.

24(i) Expenses.--Members shall not receive compensation or 
25remuneration for their service as council members or as 
26committee members. Nongovernmental council members shall be 
27entitled to reimbursement for travel and related actual expenses 
28accrued in the performance of their duties as members, in 
29accordance with Commonwealth travel policy. Committee members 
30who are not members of the council shall not be entitled to 

1reimbursement.

2Section 4. Powers and duties of council.

3(a) General rule.--The council shall have the following
4powers and duties:

5(1) To consult with various departments and agencies and
6to make recommendations on regulations, licensure, financing
7or any other responsibilities of those departments or
8agencies relating to long-term care.

9(2) To perform such other duties as the Governor may
10assign relating to long-term care.

11(3) To approve reports produced by any committee
12established under section 5 before release to the public or
13the General Assembly.

14(4) To develop and adopt rules for conducting council
15meetings, including, but not limited to, the procedure for
16formally adopting the approval of committee reports before
17release to the public.

18(5) To develop and adopt rules for conducting committee
19meetings. This power includes, but is not limited to,
20determining the scope of responsibilities for each committee,
21the number of members for each committee and the procedure
22for formally adopting the approval of committee reports
23before release to the council.

24(6) To assign topics for research and study to each
25committee. Nothing in this paragraph shall be construed to
26prohibit a committee from proposing topics for consideration
27to the council.

28(b) Scope.--All the powers and duties enumerated in this
29section shall be performed in a manner that addresses all areas
30of long-term care, including<-, but not limited to, institutional

1care and home-based and community-based services.

2Section 5. Council committees.

3(a) Establishment.--The council shall establish committees
<-4to address which may research and study the following areas:

5(1) Regulatory review and access to <-quality care.

6(2) Community access and public education.

7(3) Long-term care services models and delivery.

8(4) Work force.

<-9(b) Composition.--The council chairperson, with concurrence
10by the council, shall appoint committee members to serve in the
11same manner as section 3(f). The members shall represent:

12(1) Advocacy groups.

13(2) Consumers.

14(3) Long-term care providers.

15(4) Direct caregivers.

16(5) The general public.

17(6) Governmental entities.

18(c) Chairpersons and vice chairpersons.--The chairperson of
19the council shall appoint a chairperson and vice chairperson for
20each committee.

<-21(5) Housing.

22(b) Composition.--The council chairperson shall appoint
23committee members, who may include those who are not members of
24the council and who have expertise pertaining to the specific
25topics and tasks assigned.

26(c) Chairpersons and vice chairpersons.--The chairperson of
27the council shall appoint council members to serve as
28chairperson and, as needed, vice chairperson for each committee.

29(d) Duties.--The council committees shall have the following
30powers and duties:

1(1) To study and report on the topics assigned by the
2council.

<-3(2) To retain individuals, with the permission of the
4council, to assist in researching, studying and drafting
5reports for the council.

<-6(2) To facilitate the creation of the reports and, with
7the permission of the council, invite individuals to assist
8in preparation of reports for the council.

9(3) To approve reports and recommendations for
10submission to the council. Only members appointed to <-the each
11committee may participate in approving reports and
12recommendations <-to the council.

13Nothing in this section shall be construed to prohibit the
14chairperson, with concurrence by the council, from establishing
15additional committees or ad hoc work groups to assist the
16council <-of or committees.

<-17Section 6. Existing council members.

18(a) General rule.--Nongovernmental members of the Intra-
19Governmental Council on Long-Term Care currently serving on the
20council shall continue to serve until successors are appointed.

21(b) Construction.--Nothing in this section shall be
22construed to prohibit the reappointment of existing members.

23Section <-7 6. Repeal.

24Repeals are as follows:

25(1) The General Assembly declares that the repeal under
26paragraph (2) is necessary to effectuate this act.

27(2) Section 212 of the act of June 13, 1967 (P.L.31,
28No.21), known as the Public Welfare Code, is repealed.

29Section <-8 7. Effective date.

30This act shall take effect in six months.