PRINTER'S NO. 2003
No. 1597 Session of 2005
INTRODUCED BY WALKO, BLAUM, DeLUCA, STABACK, BELFANTI,
BLACKWELL, CALTAGIRONE, FABRIZIO, GEORGE, GERGELY, HARHAI,
JOSEPHS, KOTIK, MANDERINO, McGEEHAN, PRESTON, REICHLEY,
SHANER, SOLOBAY, THOMAS, WILLIAMS, YOUNGBLOOD, YUDICHAK AND
PISTELLA, MAY 27, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 27, 2005
AN ACT
1 Providing for registration of personal care residences and for
2 background checks; imposing duties on the Department of
3 Public Welfare; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Personal Care
8 Residence Registration Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Adult." An individual 18 years of age or older.
14 "Area agency on aging." The local provider of protective
15 services for older adults as provided by the act of November 6,
16 1987 (P.L.381, No.79), known as the Older Adults Protective
17 Services Act.
1 "Care-dependent person." As defined in 18 Pa.C.S. § 2713(f)
2 (relating to neglect of care-dependent person).
3 "Department." The Department of Public Welfare of the
4 Commonwealth.
5 "Older adult." As defined in section 103 of the act of
6 November 6, 1987 (P.L.381, No.79), known as the Older Adults
7 Protective Services Act.
8 "Personal care residence." A private residence where the
9 owner of the residence, by contract or agreement, provides room,
10 board and personal care services in the residence to three or
11 fewer care-dependent persons who are unrelated to the owner. The
12 term shall not include domiciliary care as defined in section
13 2202-A of the act of April 9, 1929 (P.L.177, No.175), known as
14 The Administrative Code of 1929.
15 "Personal care services." Assistance or supervision in
16 matters such as dressing, bathing, diet, financial management,
17 evacuation of a residence in the event of an emergency or
18 medication prescribed for self-administration.
19 Section 3. Registration of personal care residence.
20 (a) General rule.--The owner of a personal care residence
21 shall be required to register annually with the department.
22 Registration shall include providing the department with the
23 following information:
24 (1) The name of the owner and the address of the
25 residence.
26 (2) The name and date of birth, if known, of any care-
27 dependent person residing in the residence.
28 (3) The name of any adult residing in the residence for
29 more than 30 days in a calendar year who is not a care-
30 dependent person.
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1 (b) Copies.--Upon receipt of the registration information,
2 the department shall forward copies of the registration
3 information to the Department of Aging and to the appropriate
4 area agency on aging.
5 Section 4. Background checks.
6 At the initial registration with the department, the owner of
7 a personal care residence shall submit with the registration a
8 report of criminal history record information from the
9 Pennsylvania State Police with respect to the owner and any
10 adult residing in the home for more than 30 days in a calendar
11 year who is not a care-dependent person. The owner shall make
12 these reports available upon request to any care-dependent
13 person residing in the residence, any individual acting in the
14 care-dependent person's behalf or any prospective resident or
15 individual acting in the care-dependent person's behalf.
16 Section 5. Inspection.
17 The department shall have the authority to visit and inspect
18 a personal care residence to determine if the facility has
19 compiled with the registration requirements of this act. To the
20 fullest extent possible, if it has reason to suspect that an
21 older adult resides in the residence, the department shall
22 coordinate its visitation and inspection with the appropriate
23 area agency on aging so that a determination can be made by that
24 agency if protective services are needed pursuant to the act of
25 November 6, 1987 (P.L.381, No.79), known as the Older Adults
26 Protective Services Act.
27 Section 6. Protective services.
28 An area agency on aging shall be responsible for
29 investigating any report that an older adult is in need of
30 protective services and providing necessary services pursuant to
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1 the act of November 6, 1987 (P.L.381, No.79), known as the Older
2 Adults Protective Services Act.
3 Section 7. Report to Governor and General Assembly.
4 Within two years after the effective date of this act, the
5 department shall submit a report to the Governor and the General
6 Assembly containing its findings and recommendations regarding
7 implementation of this act.
8 Section 8. Penalties and enforcement.
9 (a) General rule.--The owner of a personal care residence
10 who fails to register with the department shall be subject to a
11 civil penalty of $500 for failure to comply with this act.
12 (b) Injunction.--In addition to any other penalty, if the
13 owner of a personal care residence refuses to comply with the
14 registration requirements of this act, the department shall
15 maintain an action in the name of the Commonwealth for an
16 injunction or other process restraining or prohibiting the
17 operation of the personal care residence.
18 (c) Incomplete or inaccurate registration.--If the owner of
19 a personal care residence supplies incomplete or inaccurate
20 information in connection with registering under this act, the
21 department shall notify the owner of its findings. Within 30
22 days after notice by the department of the need to provide
23 additional information, the owner shall comply with the
24 requirements of this act or be subject to a fine of $25 for each
25 resident for each day the owner fails to provide complete and
26 accurate registration information.
27 Section 9. Effective date.
28 This act shall take effect in 60 days.
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