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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATSON, BEAR, MICOZZIE, BOBACK, YOUNGBLOOD, BOYD, CALTAGIRONE, CLYMER, COHEN, DONATUCCI, FARRY, FLECK, GILLESPIE, GINGRICH, GOODMAN, GROVE, HENNESSEY, HESS, JOSEPHS, KOTIK, MAJOR, MILLER, MURT, MYERS, O'NEILL, RAPP, READSHAW, REICHLEY, ROCK, ROSS, SCAVELLO, STABACK, STERN, J. TAYLOR AND VULAKOVICH, MARCH 28, 2011 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 28, 2011 |
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| AN ACT |
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1 | Providing for a Statewide adult day resource and referral |
2 | system; establishing a central adult day services database; |
3 | and imposing additional responsibilities upon the Department |
4 | of Aging. |
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 Adult Day |
9 | Resource and Referral Act. |
10 | Section 2. Legislative findings. |
11 | The General Assembly finds and declares as follows: |
12 | (1) The demand for high quality, affordable and |
13 | accessible adult day services has increased dramatically as |
14 | more care-dependent individuals choose to receive services in |
15 | their homes and communities as alternatives to facility-based |
16 | care. |
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1 | (2) The number of older adult daily living centers in |
2 | Pennsylvania has grown from six licensed centers in 1980 to |
3 | approximately 250 at the present. |
4 | (3) A comprehensive, coordinated effort is needed to |
5 | ensure that accurate, up-to-date adult day services |
6 | information is readily available and easy to access. |
7 | (4) Local adult day resource and referral services are |
8 | beneficial to: |
9 | (i) family members who work and are also caregivers |
10 | for elderly relatives by enabling them to make informed |
11 | choices in selecting and purchasing the adult day |
12 | services that best meet their family's unique needs; |
13 | (ii) existing and prospective adult day services |
14 | providers in their efforts to develop and maintain safe, |
15 | high-quality adult day services; |
16 | (iii) businesses by providing a comprehensive |
17 | resource for them to use in responding to adult day |
18 | services needs of their employees; and |
19 | (iv) the community-at-large by contributing directly |
20 | to the health, safety and well-being of this |
21 | Commonwealth's care-dependent older citizens and their |
22 | families. |
23 | Section 3. Definitions. |
24 | The following words and phrases when used in this act shall |
25 | have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Adult day resource and referral agency." A public or |
28 | private nonprofit entity, including an association or |
29 | corporation, that performs functions related to adult day |
30 | resource and referral services. |
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1 | "Adult day resource and referral services." The term |
2 | includes, but is not limited to, the following: |
3 | (1) The provision of updated information to caregivers, |
4 | employers and individuals in a community regarding the |
5 | availability, cost and quality of adult day services in a |
6 | defined geographic area. |
7 | (2) Assistance to caregivers so they can make informed |
8 | decisions regarding appropriate and affordable adult day |
9 | services. |
10 | (3) Information to employers on programs designed to |
11 | meet the adult day services needs of employees. |
12 | (4) The provision of start-up information to potential |
13 | adult day services providers to increase the supply of |
14 | providers. |
15 | "Adult day services." Services provided at or arranged |
16 | through an older adult daily living center to assist in meeting |
17 | the needs, including personal care, social, nutritional, health |
18 | and educational needs of clients, which services are provided, |
19 | as appropriate for each client, through a planned program of |
20 | social, educational, recreational, therapeutic, rehabilitative |
21 | and developmental activities. The term does not include services |
22 | provided for persons whose needs are such that they can only be |
23 | met in a long-term care facility on an inpatient basis receiving |
24 | professionally supervised nursing care and related medical and |
25 | other health services. |
26 | "Area agency on aging." The single local agency designated |
27 | by the Department of Aging within each planning and service area |
28 | to administer the delivery of a comprehensive and coordinated |
29 | plan of social and other services and activities. |
30 | "Defined geographic area." Any of not more than ten |
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1 | geographic areas established by the Department of Aging to be |
2 | utilized for the purpose of creating adult day resource and |
3 | referral service areas. |
4 | "Department." The Department of Aging of the Commonwealth. |
5 | "Older adult daily living center." A premises operated for |
6 | profit or not-for-profit in which adult day services are |
7 | simultaneously provided for four or more clients who are not |
8 | relatives of the operator for part of a 24-hour day, and which |
9 | premises are licensed and regulated by the Department of Aging |
10 | in accordance with the act of July 11, 1990 (P.L.499, No.118), |
11 | known as the Older Adult Daily Living Centers Licensing Act, and |
12 | 6 Pa. Code Ch. 11 (relating to older adult daily living |
13 | centers). |
14 | Section 4. Provision of adult day resource and referral |
15 | services. |
16 | (a) General rule.--The department shall arrange for the |
17 | availability of adult day resource and referral services in |
18 | defined geographic areas across this Commonwealth through |
19 | contractual agreements with public or private entities that can |
20 | fulfill the responsibilities of an adult day resource and |
21 | referral agency. |
22 | (b) Construction.--Nothing in this act shall be construed to |
23 | prohibit an area agency on aging or any other governmental |
24 | entity from entering into a contractual agreement with the |
25 | department to serve as an adult day resource and referral |
26 | agency. |
27 | Section 5. Central adult day services database. |
28 | (a) Establishment.--The department shall provide for the |
29 | establishment and maintenance of a central adult day services |
30 | database, shall compile all information from adult day resource |
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1 | and referral agencies with which it has a contractual agreement |
2 | under section 4 and shall establish a comprehensive, accurate |
3 | and up-to-date reference base on adult day services in this |
4 | Commonwealth. |
5 | (b) Method of establishment.--The central adult day services |
6 | database shall be created by utilizing applied demographic |
7 | analyses, creation of statistical maps, as well as any other |
8 | resources the department may have available. The department |
9 | shall determine the nature and scope of all centralized adult |
10 | day services data to be maintained under this act. |
11 | (c) Dissemination of information.--The department shall |
12 | provide, at least annually and at no charge, adult day resource |
13 | and referral agencies under contract with the department with |
14 | information developed regarding adult day services in this |
15 | Commonwealth. |
16 | Section 6. Resource and referral services offered. |
17 | An adult day resource and referral agency shall provide, at a |
18 | minimum, the following services: |
19 | (1) Identification of all State-approved older adult |
20 | daily living centers in their defined geographic area and a |
21 | profile of each older adult daily living center to indicate |
22 | the types of services it provides and the costs of such |
23 | services. |
24 | (2) Maintenance of a comprehensive database on adult day |
25 | services supply and demand in the defined geographic area |
26 | served by the agency. |
27 | (3) Maintenance of a resource and referral service for |
28 | users of adult day services and assistance, if requested, in |
29 | evaluating adult day services needs and appropriateness of |
30 | types of adult day services. |
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1 | (4) Establishment of a public education program to |
2 | inform consumers and provide referral counseling about adult |
3 | day services options, including information on types of adult |
4 | day services, availability, cost and standards, through such |
5 | means as printed materials, telephone contacts, education |
6 | sessions or workshops. |
7 | (5) Provision of information and technical assistance to |
8 | adult day services providers and prospective providers, as |
9 | requested. Types of information to be made available shall |
10 | include, but not be limited to, information regarding career |
11 | opportunities in the field, continuing education, training |
12 | opportunities, accreditation programs, regulatory |
13 | requirements, demographic information to determine the |
14 | existence of markets for adult day services and to help |
15 | stimulate the supply of adult day services needed in the |
16 | defined geographic area. |
17 | (6) Service as a resource to employers who are trying to |
18 | meet the adult day services needs of their employees. |
19 | (7) Provision of information to caregivers about |
20 | opportunities for Federal and State funding of adult day |
21 | services. The adult day resource and referral agency shall, |
22 | to the extent possible, help to facilitate the availability |
23 | of public funding opportunities for consumers of adult day |
24 | services. |
25 | Section 7. Standard operating procedures for adult day resource |
26 | and referral agencies. |
27 | Adult day resource and referral agencies as providers of |
28 | adult day resource and referral services shall: |
29 | (1) Conduct business during hours convenient to working |
30 | caregivers, including some evening and weekend hours, if |
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1 | deemed necessary. |
2 | (2) Advertise their services. |
3 | (3) Tailor services provided for under this act to the |
4 | defined particular geographic area in which they are located. |
5 | (4) Seek opportunities to provide educational and |
6 | consumer awareness programs. |
7 | (5) Utilize, to the maximum extent possible, the most |
8 | cost-effective means of providing adult day resource and |
9 | referral services in accordance with this act, including, but |
10 | not limited to, public-private partnerships, where deemed |
11 | appropriate, and contractual arrangements with existing |
12 | providers or adult day resource and referral services. |
13 | (6) Maintain confidentiality of records and not publicly |
14 | disclose information contained in the records in such a |
15 | manner so as to identify individuals, provided that certain |
16 | nonidentifying information may be collected in aggregate form |
17 | for the purpose of data collection. |
18 | (7) Report to the department on a regular basis |
19 | information regarding: |
20 | (i) The number of caregivers and clients served. |
21 | (ii) The extent of assistance given to providers of |
22 | adult day services, caregivers, businesses and others. |
23 | (iii) The impact of the adult day resource and |
24 | referral services on quality and availability of adult |
25 | day services in their defined geographic area. |
26 | (iv) Any recommendations that may contribute to the |
27 | improvement of the provision of adult day resource and |
28 | referral services. |
29 | Section 8. Annual report. |
30 | The department shall submit an annual report to the General |
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1 | Assembly which shall reflect the information collected by the |
2 | adult day resource and referral agencies designated by the |
3 | department. The report shall: |
4 | (1) Describe how the adult day resource and referral |
5 | agencies further the department's goal to improve the |
6 | quality, availability and affordability of adult day |
7 | services. |
8 | (2) Include any recommendations of the department for |
9 | improvements to the Statewide adult day resource and referral |
10 | system, as well as the availability of private, corporate and |
11 | government funding for adult day resource and referral |
12 | services. |
13 | Section 9. Regulations. |
14 | The department shall, in the manner provided by law, |
15 | promulgate the rules and regulations necessary to establish |
16 | adult day resource and referral services to be offered in |
17 | accordance with this act. |
18 | Section 10. Adult day resource and referral services |
19 | implementation. |
20 | The department shall establish a three-year implementation |
21 | schedule for phasing in adult day resource and referral services |
22 | throughout this Commonwealth. |
23 | Section 11. Effective date. |
24 | This act shall take effect in 90 days. |
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