PRIOR PRINTER'S NO. 2003 PRINTER'S NO. 2207
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 2005
AN ACT
1 Providing for registration of personal PRIVATE care residences <--
2 and for background checks; imposing duties on the Department
3 of 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 <--
8 PRIVATE Care 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
1 Services Act.
2 "Care-dependent person." As defined in 18 Pa.C.S. § 2713(f)
3 (relating to neglect of care-dependent person).
4 "Department." The Department of Public Welfare of the
5 Commonwealth.
6 "LEGAL ENTITY." ANY INDIVIDUAL, PARTNERSHIP, UNINCORPORATED <--
7 ASSOCIATION, CORPORATION OR GOVERNING AUTHORITY.
8 "Older adult." As defined in section 103 of the act of
9 November 6, 1987 (P.L.381, No.79), known as the Older Adults
10 Protective Services Act.
11 "Personal care residence." A private residence where the <--
12 owner of the residence, by contract or agreement, provides room,
13 board and personal care services in the residence to three or
14 fewer care-dependent persons who are unrelated to the owner. The
15 term shall not include domiciliary care as defined in section
16 2202-A of the act of April 9, 1929 (P.L.177, No.175), known as
17 The Administrative Code of 1929.
18 "Personal care services." Assistance or supervision in <--
19 matters such as dressing, bathing, diet, ACTIVITIES OF DAILY <--
20 LIVING, SUCH AS DRESSING, BATHING, DIET, SECURING HEALTH CARE,
21 financial management, evacuation of a residence in the event of
22 an emergency or medication prescribed for self-administration.
23 "PRIVATE CARE RESIDENCE." A PRIVATE RESIDENCE: <--
24 (1) IN WHICH THE OWNER OF THE RESIDENCE OR THE LEGAL
25 ENTITY RESPONSIBLE FOR THE OPERATION OF THE RESIDENCE, FOR
26 MONETARY CONSIDERATION, PROVIDES, OR ASSISTS WITH OR ARRANGES
27 FOR THE PROVISION OF, FOOD, ROOM, SHELTER, CLOTHING, PERSONAL
28 CARE OR HEALTH CARE IN THE RESIDENCE, FOR A PERIOD EXCEEDING
29 24 HOURS, TO LESS THAN FOUR CARE-DEPENDENT PERSONS WHO ARE
30 NOT RELATIVES OF THE OWNER; AND
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1 (2) WHICH IS NOT REQUIRED TO BE LICENSED AS A LONG-TERM
2 CARE NURSING FACILITY, AS DEFINED IN SECTION 802.1 OF THE ACT
3 OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE
4 FACILITIES ACT. THE TERM DOES NOT INCLUDE DOMICILIARY CARE AS
5 DEFINED IN SECTION 2202-A OF THE ACT OF APRIL 9, 1929
6 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
7 THE TERM DOES NOT INCLUDE A FACILITY WHICH PROVIDES
8 RESIDENTIAL CARE FOR LESS THAN FOUR CARE-DEPENDENT ADULTS AND
9 WHICH IS REGULATED BY THE DEPARTMENT.
10 Section 3. Registration of personal PRIVATE care residence. <--
11 (a) General rule.--The owner of a personal OR LEGAL ENTITY <--
12 RESPONSIBLE FOR THE OPERATION OF A PRIVATE care residence shall
13 be required to register annually with the department.
14 Registration shall include providing the department with the
15 following information:
16 (1) The name of the owner and the address OR LEGAL <--
17 ENTITY RESPONSIBLE FOR THE OPERATION AND THE ADDRESS AND
18 TELEPHONE NUMBER of the residence.
19 (2) The name and date of birth, if known, of any care-
20 dependent person residing in the residence.
21 (3) The name of any adult residing in the residence for
22 more than 30 days in a calendar year who is not a care-
23 dependent person.
24 (b) Copies.--Upon receipt of the registration information,
25 the department shall forward copies of the registration
26 information to the Department of Aging and to the appropriate
27 area agency on aging.
28 Section 4. Background checks.
29 (A) REPORT.--At the initial registration with the <--
30 department, the owner of a personal OR LEGAL ENTITY RESPONSIBLE <--
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1 FOR THE OPERATION OF A PRIVATE care residence shall submit with
2 the registration a report of criminal history record information
3 from the Pennsylvania State Police with respect to the owner and <--
4 any adult residing in the home for more than 30 days in a
5 calendar year who is not a care-dependent person. The owner
6 shall make PENNSYLVANIA STATE POLICE WITH RESPECT TO: <--
7 (1) THE OWNER, OPERATOR OR MANAGER OF THE PRIVATE CARE
8 RESIDENCE;
9 (2) ANY EMPLOYEE WHO PROVIDES OR HAS AN OBLIGATION TO
10 PROVIDE CARE TO A CARE-DEPENDENT PERSON IN THE PRIVATE CARE
11 RESIDENCE; AND
12 (3) ANY ADULT RESIDING IN THE HOME FOR MORE THAN 30 DAYS
13 IN A CALENDAR YEAR WHO IS NOT A CARE-DEPENDENT PERSON.
14 (B) AVAILABILITY.--THE OWNER OR LEGAL ENTITY RESPONSIBLE FOR
15 THE OPERATION OF A PRIVATE CARE RESIDENCE SHALL MAKE these
16 reports available upon request to any care-dependent person
17 residing in the residence, any individual acting in the care-
18 dependent person's behalf or any prospective resident or
19 individual acting in the care-dependent person's behalf.
20 Section 5. Inspection.
21 The department shall have the authority to visit and inspect
22 a personal PRIVATE care residence to determine if the facility <--
23 has compiled COMPLIED with the registration requirements of this <--
24 act. To the fullest extent possible, if it has reason to suspect
25 that an older adult resides in the residence, the department
26 shall coordinate its visitation and inspection with the
27 appropriate area agency on aging so that a determination can be
28 made by that agency if protective services are needed pursuant
29 to the act of November 6, 1987 (P.L.381, No.79), known as the
30 Older Adults Protective Services Act.
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1 Section 6. Protective services.
2 An area agency on aging shall be responsible for
3 investigating any report that an older adult is in need of
4 protective services and providing necessary services pursuant to
5 the act of November 6, 1987 (P.L.381, No.79), known as the Older
6 Adults Protective Services Act.
7 Section 7. Report to Governor and General Assembly.
8 Within two years after the effective date of this act, the
9 department shall submit a report to the Governor and the General
10 Assembly containing its findings and recommendations regarding
11 implementation of this act.
12 Section 8. Penalties and enforcement.
13 (a) General rule.--The owner of a personal OR LEGAL ENTITY <--
14 RESPONSIBLE FOR THE OPERATION OF A PRIVATE care residence who
15 fails to register with the department shall be subject to a
16 civil penalty of $500 for failure to comply with this act.
17 (b) Injunction.--In addition to any other penalty, if the
18 owner of a personal OR LEGAL ENTITY RESPONSIBLE FOR THE <--
19 OPERATION OF A PRIVATE care residence refuses to comply with the
20 registration requirements of this act, the department shall
21 maintain an action in the name of the Commonwealth for an
22 injunction or other process restraining or prohibiting the
23 operation of the personal PRIVATE care residence. <--
24 (c) Incomplete or inaccurate registration.--If the owner of <--
25 a personal OR LEGAL ENTITY RESPONSIBLE FOR THE OPERATION OF A <--
26 PRIVATE care residence supplies incomplete or inaccurate
27 information in connection with registering under this act, the
28 department shall notify the owner OR LEGAL ENTITY RESPONSIBLE <--
29 FOR THE OPERATION of its findings. Within 30 days after notice
30 by the department of the need to provide additional information,
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1 the owner OR LEGAL ENTITY RESPONSIBLE FOR THE OPERATION shall <--
2 comply with the requirements of this act or be subject to a fine <--
3 CIVIL PENALTY of $25 for each resident for each day the owner <--
4 fails to provide complete and accurate registration information.
5 Section 9 20. Effective date. <--
6 This act shall take effect in 60 days.
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