PRIOR PRINTER'S NOS. 2413, 3088 PRINTER'S NO. 3705
No. 1930 Session of 1999
INTRODUCED BY SCHULER, PISTELLA, E. Z. TAYLOR, GEORGE, BAKER, ARGALL, BROWNE, CURRY, DALEY, DeLUCA, FRANKEL, FREEMAN, GEIST, GODSHALL, GRUCELA, LAWLESS, LEDERER, LEH, LYNCH, MAITLAND, MARSICO, S. MILLER, NAILOR, RAMOS, RUBLEY, SATHER, SEMMEL, SHANER, B. SMITH, STEELMAN, STERN, STURLA, J. TAYLOR, THOMAS, TRELLO, TRUE, VANCE, WALKO, WILT, YOUNGBLOOD, YUDICHAK, WILLIAMS, FLICK, SAYLOR, BARD AND WATERS, OCTOBER 6, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 2000
AN ACT 1 Requiring the Department of Public Welfare to develop and <-- 2 implement a State plan for regulating and licensing assisted 3 living residences and for coordination with other State and 4 local agencies having statutory duties relating to assisted 5 living residences and providers of assisted living services; 6 providing for the Intra-Governmental Council on Long-Term 7 Care, for appeals and for relocation; and prescribing 8 penalties. 9 The General Assembly finds and declares as follows: 10 (1) Assisted living is a rapidly growing long-term care 11 alternative across the nation. 12 (2) Assisted living is a combination of housing and 13 services as needed. It is extremely popular with the general 14 public because it allows people to age in place, maintain 15 their independence and exercise decision making and personal 16 choice. 17 (3) Consumers continue to say that the three things they
1 want most are to stay independent and live at home as long as 2 possible; respect and dignity for the individual; and a 3 choice of options for long-term care and services. 4 (4) In Pennsylvania, assisted living is a private market 5 phenomenon. There is no uniform assisted living definition; 6 no required public oversight of entities which hold 7 themselves out as providing assisted living, although many 8 are licensed as personal care homes; no uniform way of 9 assuring assisted living quality; and limited access to 10 assisted living except for persons with higher incomes. 11 (5) It is in the best interest of all Pennsylvanians 12 that a system of licensure and regulation be established for 13 assisted living residences and providers of assisted living 14 services in order to ensure accountability and a balance of 15 availability between institutional and home and community- 16 based long-term care for older persons and persons with 17 disabilities. 18 PROVIDING FOR THE LICENSURE AND REGULATION OF ADULT LIVING <-- 19 RESIDENCES; CONFERRING POWERS AND DUTIES ON THE DEPARTMENT OF 20 PUBLIC WELFARE; AND PROVIDING FOR PENALTIES. 21 TABLE OF CONTENTS 22 SECTION 1. SHORT TITLE. 23 SECTION 2. DEFINITIONS. 24 SECTION 3. (RESERVED) 25 SECTION 4. POWERS AND DUTIES OF COMMONWEALTH DEPARTMENTS. 26 SECTION 5. RULES AND REGULATIONS. 27 SECTION 6. (RESERVED) 28 SECTION 7. LICENSE REQUIRED. 29 SECTION 8. APPLICATION FOR LICENSE. 30 SECTION 9. ISSUANCE OF LICENSES. 31 SECTION 10. (RESERVED) 19990H1930B3705 - 2 -
1 SECTION 11. (RESERVED) 2 SECTION 12. RIGHT TO ENTER AND INSPECT. 3 SECTION 13. (RESERVED) 4 SECTION 14. (RESERVED) 5 SECTION 15. (RESERVED) 6 SECTION 16. IMMOBILE PERSONS. 7 SECTION 17. VIOLATIONS. 8 SECTION 18. REASONS FOR DENIAL, NONRENEWAL OR REVOCATION OF A 9 LICENSE. 10 SECTION 19. LICENSURE APPEALS. 11 SECTION 20. EFFECT OF DEPARTMENTAL ORDERS. 12 SECTION 21. ACTIONS AGAINST VIOLATIONS OF LAW AND REGULATIONS. 13 SECTION 22. INJUNCTION OR RESTRAINING ORDER WHEN APPEAL IS 14 PENDING. 15 SECTION 23. (RESERVED) 16 SECTION 24. (RESERVED) 17 SECTION 25. (RESERVED) 18 SECTION 26. SEVERABILITY. 19 SECTION 27. REPEAL. 20 SECTION 28. EFFECTIVE DATE. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Short title. <-- 24 This act shall be known and may be cited as the Assisted 25 Living Licensing Act. 26 Section 2. Definitions. 27 The following words and phrases when used in this act shall 28 have the meanings given to them in this section unless the 29 context clearly indicates otherwise: 30 "Adult." A person who is 18 years of age or older. 19990H1930B3705 - 3 -
1 "Aging in place." The process of providing increased or 2 adjusted services to a consumer to compensate for the physical 3 or mental decline that occurs with the aging process in order to 4 maximize individual dignity and independence and permit the 5 person to remain in a familiar, residential environment for as 6 long as possible. Such services may be provided through facility 7 staff, a third party, volunteers, friends or family. 8 "Area agency on aging." The single local agency designated 9 by the Department of Aging within each planning and service area 10 to administer the delivery of a comprehensive and coordinated 11 plan of social and other services and activities. 12 "Assisted living." Those services as determined and self- 13 directed by a consumer or by legal representatives that permit 14 and assist the consumer to live in the community. The term may 15 also include such housing assistance or residency in an assisted 16 living residence that permits consumers to safely be supported 17 in residences in which their independence, dignity and ability 18 to make choices are maintained, to the extent of their 19 capabilities. 20 "Assisted living residence." A residential setting that: 21 (1) Offers, provides or coordinates a combination of 22 personal care services, activities, 24-hour supervision and 23 assisted living services, whether scheduled or unscheduled, 24 and health-related services for consumers. 25 (2) Has a service program and physical environment 26 designed to minimize the need for consumers to move within or 27 from the setting to accommodate changing needs and 28 preferences. 29 (3) Has an organized mission, service programs and a 30 physical environment designed to maximize consumer's dignity, 19990H1930B3705 - 4 -
1 autonomy, privacy and independence and encourages family and 2 community involvement. 3 (4) Costs for housing and services independent of one 4 another and that provides consumers with the ability to 5 choose their service provider and the services to be 6 provided. 7 (5) Has a goal of fostering aging in place and promoting 8 consumer self-direction and active participation in decision 9 making while emphasizing an individual's privacy and dignity. 10 "Assisted living services." A combination of supportive 11 services, personal care services, personalized assistance 12 services, assistive technology and health-related services 13 designed to respond to the individual needs of those who need 14 assistance with activities of daily living and instrumental 15 activities of daily living. The term includes publicly funded 16 home-based services and community-based services available 17 through the medical assistance program and the Federal Medicaid 18 waiver program and State-funded options for home-based services 19 and community-based services funded through the Department of 20 Aging. 21 "Assistive technology." Those devices and services, whether 22 medically necessary or not, that are used to increase, maintain 23 or improve the functional capabilities of persons with 24 disabilities which may or may not be needed to permit the person 25 to live independently. The term shall include, but not be 26 limited to, reachers, adapted telephones, reading aids and other 27 nonmedical devices. 28 "Comprehensive assessment." A thorough review of a 29 consumer's status in a number of functional areas, including a 30 brief personal history. The term includes physical health, 19990H1930B3705 - 5 -
1 emotional health, cognitive functioning, physical functioning, 2 ability to carry out activities of daily living, informal 3 supports, environmental factors and finances. 4 "Comprehensive service plan." A plan developed to meet a 5 consumer's individual needs in a number of functional areas, as 6 a result of the comprehensive assessment. Comprehensive service 7 planning is done by an interdisciplinary team that includes the 8 consumer, the consumer's legal representative and the consumer's 9 family member. 10 "Consumer." A person who is 18 years of age or older and who 11 receives assisted living services, is in need of assisted living 12 services or lives in an assisted living residence. 13 "Department." The Department of Public Welfare of the 14 Commonwealth. 15 "Direct service staff." A person who directly assists 16 consumers with activities of daily living, provides services or 17 is otherwise responsible for the health, safety and welfare of 18 the consumers. 19 "Immobile person." An individual who is unable to move from 20 one location to another or has difficulty in understanding and 21 carrying out instructions without the continued full assistance 22 of other persons or is incapable of independently operating a 23 device such as a wheelchair, prosthesis, walker or cane to exit 24 a building. 25 "Long-term care ombudsman." An agent of the Department of 26 Aging who investigates and seeks to resolve complaints made by 27 or on behalf of older individuals or adults with disabilities 28 who are consumers of assisted living services, pursuant to 29 section 2203-A of the act of April 9, 1929 (P.L.177, No.175), 30 known as The Administrative Code of 1929, which complaints may 19990H1930B3705 - 6 -
1 relate to action, inaction or decisions of providers of assisted 2 living services or residences or of public agencies or of social 3 service agencies, or their representatives, and which may 4 adversely affect the health, safety, welfare, interests, 5 preferences or rights of consumers. 6 "Options." The Long-Term Care Pre-Admission Assessment 7 Program and the community services for nursing facility 8 eligibility program administered by the Department of Aging and 9 operated by the area agencies on aging. 10 "Personal care home." A premise in which food, shelter and 11 personal assistance or supervision are provided for a period 12 exceeding 24 hours for four or more consumers who are not 13 relatives of the operator, who do not require the services in or 14 of a licensed long-term care facility, but who do require 15 assistance or supervision in such matters as dressing, bathing, 16 diet, financial management, evacuation of a residence in the 17 event of an emergency or medication prescribed for self- 18 administration. 19 Section 3. State plan for regulating and licensing assisted 20 living residences and providers of assisted 21 living services. 22 (a) Development.--In accordance with the statutory authority 23 and responsibility vested in the department to regulate and 24 license personal care homes pursuant to Articles IX and X of the 25 act of June 13, 1967 (P.L.31, No.21), known as the Public 26 Welfare Code, the department shall develop and implement a State 27 plan for regulating and licensing assisted living residences and 28 for coordination with other State and local agencies having 29 statutory responsibilities relating to assisted living 30 residences and providers of assisted living services. 19990H1930B3705 - 7 -
1 (b) Considerations for development.--In developing rules and 2 regulations for the State plan, the department shall: 3 (1) Develop standards for licensing as an assisted 4 living residence any premises in which food, shelter and 5 personal assistance or supervision are provided for a period 6 exceeding 24 hours for four or more consumers who are not 7 relatives of the operator and have contracted for such 8 services. 9 (2) Require personal care homes currently licensed by 10 the department to come into compliance with department rules 11 and regulations and to obtain a license as an assisted living 12 residence within three years from the effective date of this 13 act. 14 (3) Within 90 days of the effective date of this act, 15 adopt rules relating to the conduct of owners and employees 16 of assisted living residences relative to the endorsement or 17 delivery of public or private welfare, pension or insurance 18 checks by a consumer of an assisted living residence. 19 (4) Not regulate or require the registration of boarding 20 homes which merely provide room, board and laundry services 21 to persons who do not need assisted living services. 22 (c) Publication of preliminary State plan.--Within three 23 months of the effective date of this act, the department shall 24 submit to the Aging and Youth Committee of the Senate and the 25 Aging and Youth Committee of the House of Representatives for 26 comment and review, and publish in the Pennsylvania Bulletin in 27 accordance with the provisions of the act of July 31, 1968 28 (P.L.769, No.240), referred to as the Commonwealth Documents 29 Law, relating to the publication of regulations, a preliminary 30 State plan for regulating and licensing assisted living 19990H1930B3705 - 8 -
1 residences. 2 (d) Contents of preliminary State plan.--The preliminary 3 plan shall include, but is not limited to, the following: 4 (1) Coordination of the department's statutory 5 responsibilities with those of other State and local agencies 6 having statutory responsibilities relating to assisted living 7 residences and providers of assisted living services, with 8 particular attention given to the Department of Aging, the 9 Department of Health and the Department of Labor and 10 Industry. 11 (2) Recommendations for changes in existing State law 12 and proposed legislation to: 13 (i) Resolve inconsistencies that hinder the 14 department's implementation of the State plan. 15 (ii) Promote the cost efficiency and effectiveness 16 of visitations and inspections. 17 (iii) Delegate to other State and local agencies 18 responsibility for visitations, inspections, referral, 19 placement and protection of consumers residing in 20 assisted living residences or receiving assisted living 21 services from a provider of assisted living services. 22 (iv) Evaluate the State's fire and panic laws as 23 applied to assisted living residences. 24 (v) Establish fees for licensure of assisted living 25 residences. 26 (vi) Create a uniform standard policy for the 27 discharge of a consumer from an assisted living 28 residence, which policy shall include, at a minimum, 29 advance notice provisions for the consumer. 30 (3) Recommendations for implementation of fire and 19990H1930B3705 - 9 -
1 safety and consumer care standards relating to assisted 2 living residences by cities of the first class, second class 3 and second class A. 4 (4) A programmatic and fiscal impact statement regarding 5 the effect of the State plan on existing residential programs 6 for the disabled, including, but not limited to, skilled 7 nursing homes, intermediate care facilities, domiciliary care 8 homes, adult foster care homes, community living arrangements 9 for the mentally retarded and group homes for the mentally 10 ill and the effect of the plan on recipients of supplemental 11 security income. 12 (5) A cost analysis of the entire State plan and of all 13 regulations that will be proposed pursuant to the State plan. 14 (6) The number of personnel at the State, regional and 15 county level required to inspect assisted living residences 16 and monitor and enforce final rules and regulations adopted 17 by the department. 18 (7) A process for relocating consumers of assisted 19 living residences whose health and safety are in imminent 20 danger. 21 (e) Regulations by other departments.--No later than one 22 year from the effective date of this act: 23 (1) The Department of Labor and Industry shall 24 promulgate rules and regulations applicable to assisted 25 living residences on a Statewide basis consistent with size 26 distinctions set forth in the act of November 10, 1999 27 (P.L.491, No.45), known as the Pennsylvania Construction Code 28 Act, pertaining to construction and means of egress. The 29 regulations shall apply to all assisted living residences not 30 currently licensed by the Department of Public Welfare as a 19990H1930B3705 - 10 -
1 personal care home. Assisted living residences currently 2 holding a personal care home license in good standing from 3 the Department of Public Welfare shall have three years from 4 the effective date of this act to comply with Department of 5 Labor and Industry rules and regulations applicable to 6 assisted living residences. 7 (2) The Department of Health shall promulgate rules and 8 regulations to establish a system of licensure applicable to 9 all assisted living service providers who are not already 10 licensed by that department. 11 (3) The Department of Aging shall promulgate rules and 12 regulations to extend regulations promulgated under the act 13 of November 6, 1987 (P.L.381, No.79), known as the Older 14 Adult Protective Services Act, to assisted living residences 15 and assisted living service providers and the consumers 16 thereof. 17 (f) Phase in of plan.--If the department deems that it is in 18 the best interest of the Commonwealth to implement the State 19 plan on a phase-in basis, the department shall submit a detailed 20 schedule of the phase-in plan to the Aging and Youth Committee 21 of the Senate and the Aging and Youth Committee of the House of 22 Representatives, which shall be a part of the preliminary State 23 plan. 24 (g) Final State plan.--Within six months of the effective 25 date of this act, the department shall adopt a final State plan 26 which shall be submitted and published in the same manner as the 27 preliminary State plan. 28 (h) Contents of final State plan.--The final State plan 29 shall include the information required in the preliminary State 30 plan and, in addition, the cost to operators of assisted living 19990H1930B3705 - 11 -
1 residences for compliance with the regulations and to providers 2 of assisted living services for compliance with regulations, in 3 accordance with this section. 4 (i) Publication of changes to State plan.-- 5 (1) Except as provided in paragraph (2), at no time may 6 the department change, alter, amend or modify the final State 7 plan without first publishing such change in the Pennsylvania 8 Bulletin in accordance with the Commonwealth Documents Law 9 relating to publication of regulations and without first 10 submitting the proposed change to the Aging and Youth 11 Committee of the Senate and the Aging and Youth Committee of 12 the House of Representatives for comment and review. 13 (2) In an emergency, the department may change, alter, 14 amend or modify the State plan without publishing the change 15 or submitting the change to the Aging and Youth Committee of 16 the Senate and the Aging and Youth Committee of the House of 17 Representatives, provided that within 30 days of adopting the 18 change, the department shall submit and publish the change as 19 a notice in the Pennsylvania Bulletin. 20 (j) Inapplicable to religious organizations.--The State plan 21 shall not apply to any assisted living residence operated by a 22 religious organization for the care of clergymen or other 23 persons in a religious profession. 24 (k) Other regulations.--Any regulations by the department 25 relating to the funding of residential care for the mentally ill 26 or mentally retarded adults and any regulations of the 27 Department of Aging relating to domiciliary care shall be 28 consistent with regulations established in accordance with this 29 section. Supplementary requirements otherwise authorized by law 30 may be added. 19990H1930B3705 - 12 -
1 (l) Annual inspections.--After initial licensure, assisted 2 living residences shall, at a minimum, be inspected annually on 3 an unannounced basis. The department shall establish criteria 4 for additional inspections as deemed necessary. 5 (m) Existing regulations.--Regulations specifically related 6 to personal care homes adopted prior to the effective date of 7 this section shall continue to be applied to an owner or 8 administrator of a personal care home until the owner or 9 administrator obtains licensure as an assisted living residence 10 pursuant to this act. 11 Section 4. Intra-Governmental Council on Long-Term Care. 12 (a) Additional members.--In addition to the members 13 appointed to the Intra-Governmental Council on Long-Term Care, 14 in accordance with section 212 of the act of June 13, 1967 15 (P.L.31, No.21), known as the Public Welfare Code, the Governor 16 shall appoint two representatives of the assisted living 17 industry, one of whom shall be an owner or administrator of a 18 licensed assisted living residence and one of whom shall be a 19 licensed provider of assisted living services. 20 (b) Recommendations to be considered.--In developing rules 21 and regulations for licensure of assisted living residences, the 22 department shall work in cooperation with the Department of 23 Aging and shall take into consideration recommendations of the 24 Intra-Governmental Council on Long-Term Care. 25 Section 5. Assisted living residence administrator. 26 (a) Appointment.--Ninety days after the effective date of 27 this act, all assisted living residences shall identify and 28 appoint an assisted living residence administrator or 29 administrators who meet, at a minimum, the qualifications 30 provided in this section. 19990H1930B3705 - 13 -
1 (b) Qualifications.--An assisted living residence 2 administrator shall: 3 (1) be at least 21 years of age and be of good moral 4 character; and 5 (2) have knowledge, education and training, as it 6 pertains to assisted living residences, in all of the 7 following: 8 (i) fire prevention and emergency planning; 9 (ii) first aid, medications, medical terminology and 10 personal hygiene; 11 (iii) Federal, State and local laws and regulations; 12 (iv) nutrition, food handling and sanitation; 13 (v) recreation; 14 (vi) matters relating to dementia, including normal 15 aging, cognitive, psychological and functional abilities 16 of older persons; 17 (vii) mental health issues; 18 (viii) assisted living philosophy; 19 (ix) use and benefits of assistive technology; 20 (x) team building and stress reduction for assisting 21 living residence staff; 22 (xi) working with family members; 23 (xii) awareness, identification, prevention and 24 reporting of abuse and neglect; 25 (xiii) mission and purpose of services to 26 individuals with cognitive impairments; 27 (xiv) communication skills and management of 28 behavioral challenges; 29 (xv) community resources and social services; 30 (xvi) staff supervision, budgeting, financial 19990H1930B3705 - 14 -
1 recordkeeping and training; or 2 (3) be a licensed nursing home administrator or personal 3 care home administrator who has completed a course of 4 instruction in the administration of an assisted living 5 residence, including instruction in all areas enumerated 6 under paragraph (2). 7 (c) Staff orientation and training.-- 8 (1) The department shall promulgate regulations, not 9 later than 60 days after the effective date of this act, 10 requiring orientation and training for all direct care staff 11 in an assisted living residence, including all areas 12 enumerated under subsection (b). 13 (2) Except those items specifically oriented to 14 supervisory staff. 15 (3) Not later than 90 days after the effective date of 16 this act, the department shall, by regulation, develop such 17 standards for knowledge, education or training to meet the 18 requirements of this section. 19 (4) If not otherwise available, the department shall 20 schedule and offer at cost training and educational programs 21 for a person to meet the knowledge, educational and training 22 requirements established by this act. 23 Section 6. Appeals and masters. 24 (a) No supersedeas.--An appeal from the decision of the 25 department relating to the licensure or revocation of an 26 assisted living residence shall not act as a supersedeas, but, 27 upon cause shown and where circumstances require it, the 28 reviewing authority shall have the power to grant a supersedeas. 29 (b) Appointment of master by court.--If, without good cause, 30 one or more Class I or Class II violations as defined in section 19990H1930B3705 - 15 -
1 9 remain uncorrected or when the assisted living residence has 2 demonstrated a pattern of episodes of noncompliance alternating 3 with compliance over a period of at least two years such as 4 would convince a reasonable person that any correction of 5 violations would be unlikely to be maintained, the department 6 may petition the court to appoint a master designated as 7 qualified by the department to assume operation of the assisted 8 living residence at the assisted living residences expense for a 9 specified period of time or until all violations are corrected 10 and all applicable laws and regulations are complied with. 11 Section 7. Relocation. 12 (a) Conditions.--Except as provided in subsection (c), this 13 department, in conjunction with appropriate local authorities, 14 shall relocate consumers from an assisted living residence if 15 any of the following conditions exist: 16 (1) The assisted living residence is operating without a 17 license. 18 (2) The licensee is voluntarily closing an assisted 19 living residence and relocation is necessary for the health 20 and welfare of the consumers. 21 (b) Assistance.--The department shall offer relocation 22 assistance to consumers relocated under this section. Except in 23 an emergency, the consumer shall be involved in planning his 24 transfer to another placement and shall have the right to choose 25 among the available alternative placements. The department may 26 make temporary placement until final placement can be arranged. 27 Consumers shall be provided with an opportunity to visit 28 alternative placement before relocation or following temporary 29 emergency relocation. Consumers shall choose their final 30 placement and shall be given assistance in transferring to such 19990H1930B3705 - 16 -
1 place. 2 (c) When prohibited.--Consumers shall not be relocated 3 pursuant to this section if the department determines, in 4 writing, that such relocation is not in the best interest of the 5 consumer. 6 Section 8. Rules and regulations for assisted living 7 residences. 8 (a) Mandatory provisions.--The rules and regulations for the 9 licensing of assisted living residences promulgated by the 10 department not later than one year after the effective date of 11 this act shall provide that: 12 (1) Prior to admission to an assisted living residence 13 or the provision of assisted living services, an initial 14 standardized screening instrument shall determine the 15 appropriateness of the admission or the provision of services 16 and shall be completed for all consumers. This standardized 17 screening instrument shall be developed by the Department of 18 Public Welfare, in cooperation with the Department of Aging, 19 the Department of Health and the Intra-Governmental Council 20 on Long-Term Care. In no way shall the utilization of this 21 standardized screening instrument be in lieu of an options 22 assessment for any individual who may need publicly funded 23 services. 24 (2) In addition to the screening, a medical evaluation 25 shall be completed and signed by a physician upon admission 26 to an assisted living residence, using a form approved by the 27 Commonwealth. Thereafter, each consumer shall receive a 28 screening and an annual evaluation or an evaluation upon a 29 significant change in condition of the consumer. 30 (3) Following completion of a comprehensive assessment, 19990H1930B3705 - 17 -
1 an appropriately trained person at the assisted living 2 residence shall work in cooperation with an interdisciplinary 3 team that includes the consumer, the consumer's legal 4 representative or the consumer's family member to develop a 5 written comprehensive service plan consistent with the 6 consumer's unique physical and psychosocial needs with 7 recognition of the consumer's capabilities and preferences. 8 (4) Assisted living residences shall not admit a 9 consumer before a determination has been made that the needs 10 of the consumer can be met based upon: 11 (i) The completed screening instrument. 12 (ii) The medical evaluation report. 13 (iii) An interview between the assisted living 14 residence and the consumer. 15 (5) Assisted living residences shall foster aging and 16 place and promote consumer self-direction and active 17 participation in decision making while emphasizing an 18 individuals privacy and dignity. 19 (6) Assisted living residences shall permit consumers to 20 live independently in the residential environment of their 21 choice with privacy and dignity. 22 (7) Assisted living residences shall promote integration 23 of consumers into the community and participation in the 24 mainstream of activities. 25 (8) Assisted living residences shall maximize consumer 26 choice to promote and support the consumer's changing needs 27 and preferences. 28 (9) Assisted living services shall be consumer oriented 29 and meet professional standards of quality. 30 (10) An assisted living administrator shall refer a 19990H1930B3705 - 18 -
1 consumer whose needs cannot be met by an assisted living 2 residence for a standardized screening. 3 (11) A comprehensive service plan shall be on file for 4 each consumer and shall be strictly adhered to in the 5 provision of care and services provided to the consumer. 6 (12) Each consumer, or the consumer's legal 7 representative, shall receive an information packet at the 8 time of application which shall include the following items, 9 to be presented in a form easily understood and read by the 10 consumer: 11 (i) A copy of the assisted living residences 12 policies. 13 (ii) Advance directive information, including 14 information on the right to have or not have an advance 15 directive. 16 (iii) Information regarding licensure status. 17 (iv) Telephone numbers of the local long-term care 18 ombudsman program and the local area agency on aging. 19 (v) A copy of the assisted living consumer contract 20 used by the assisted living residence and all rates 21 charged. 22 (vi) A copy of the internal complaint resolution 23 mechanism used by the facility. 24 (vii) A disclosure stating the rights of consumers 25 under this act. 26 (viii) Information regarding the discharge policy of 27 the assisted living residence. 28 (13) Each consumer shall be provided by the 29 administrator with notice of any Class I or Class II 30 violations uncorrected after five days. 19990H1930B3705 - 19 -
1 (14) All consumers shall receive a standard written 2 admission contract which shall include the actual rent and 3 other charges for services provided by the assisted living 4 residence. The contract shall also include a disclosure 5 statement which shall include the following: 6 (i) that the consumer shall have 24 hours from the 7 time of presentation to sign the contract; or 8 (ii) that if the contract is signed upon 9 presentation, the consumer shall have 72 hours to rescind 10 the contract. 11 (15) A consumer shall have the right to leave and return 12 to the assisted living residence, receive visitors, have 13 access to a telephone and mail and participate in religious 14 activities. 15 (16) Assisted living residence owners, administrators or 16 employees shall be prohibited from being assigned power of 17 attorney or guardianship for any consumer. 18 (b) Immobile persons.--The department shall not prohibit 19 immobile persons who do not require the services of a licensed 20 long-term care facility, but who require assisted living 21 residence services, from residing in an assisted living 22 residence, provided that the design, construction, staffing or 23 operation of the assisted living residence allows for safe 24 emergency evacuation. 25 Section 9. Classification of violations. 26 The department shall classify each violation of its 27 regulations on assisted living residences into one of the 28 following categories: 29 (1) Class I. A violation which indicates a substantial 30 probability that death or serious mental or physical harm to 19990H1930B3705 - 20 -
1 a consumer may result. 2 (2) Class II. A violation which has a substantial 3 adverse effect upon the health, safety or well-being of a 4 consumer. 5 (3) Class III. A minor violation which has an adverse 6 effect upon the health, safety or well-being of a consumer. 7 Section 10. Penalties. 8 (a) Assessment.--The department shall assess a penalty for 9 each violation of this act or regulations of the department. 10 Penalties shall be assessed on a daily basis from the date on 11 which the citation was issued until the date such violation is 12 corrected except in the case of a Class II violations. In the 13 case of a Class II violation, assessment of a penalty shall be 14 suspended for a period of five days from the date of citation 15 provided that, except for good cause, the provider has corrected 16 the violation. If the violation has not been corrected within 17 the five-day period, the fine shall be retroactive to the date 18 of citation. 19 (b) Amounts.-- 20 (1) The department shall assess a minimum penalty of $20 21 per consumer per day for each Class I violation. 22 (2) The department shall assess a minimum penalty of $5 23 per consumer per day, up to a maximum of $15 per consumer per 24 day, for each Class II violation. 25 (3) There shall be no monetary penalty for Class III 26 violations unless the provider fails to correct the Class III 27 violation within 15 days. Failure to correct the violation 28 within 15 days may result in an assessment of up to $3 per 29 consumer per day for each Class III violation, retroactive to 30 the date of citation. 19990H1930B3705 - 21 -
1 (4) An assisted living residence found to be operating 2 without a license shall be assessed a penalty of $500. If, 3 after 14 days, a provider of an assisted living residence 4 cited for operating without a license fails to file an 5 application for a license, the department shall assess an 6 additional $20 for each consumer for each day in which the 7 assisted living residence fails to make such application. 8 (c) Duty to pay.-- 9 (1) A provider charged with a violation of this act 10 shall have 30 days to pay the assessed penalty in full, or, 11 if the provider wishes to contest either the amount of the 12 penalty or the fact of the violation, the party shall forward 13 the assessed penalty, not to exceed $500, to the department 14 for placement in an escrow account with the State Treasurer. 15 (2) If, through administrative hearing or judicial 16 review of the proposed penalty, it is determined that no 17 violation occurred or that the amount of the penalty should 18 be reduced, the secretary shall within 30 days remit the 19 appropriate amount to the provider with any interest 20 accumulated by the escrow deposit. 21 (3) Failure to forward the payment to the department 22 within 30 days shall result in a waiver of rights to contest 23 the fact of the violation or the amount of the penalty. 24 (4) The amount assessed after administrative hearing or 25 a waiver of the administrative hearing shall be payable to 26 the Commonwealth and shall be collectible in any manner 27 provided by law for the collection of debts. If any provider 28 liable to pay such penalty neglects or refuses to pay the 29 same after demand, such failure to pay shall constitute a 30 judgment in favor of the Commonwealth in the amount of the 19990H1930B3705 - 22 -
1 penalty, together with the interest and any costs that may 2 accrue. 3 (d) Deposit of penalties.--Money collected by the department 4 under this section shall be placed in a special restricted 5 receipt account and shall be first used to defray the expenses 6 incurred by consumers relocated under this act. Any moneys 7 remaining in this account shall annually be remitted to the 8 department for enforcing the provisions of this act. Fines 9 collected pursuant to this act shall not be subject to the 10 provisions of 42 Pa.C.S. § 3733 (relating to deposits into 11 account). 12 (e) Regulations.--The department shall promulgate 13 regulations necessary for the implementation of this section in 14 order to ensure uniformity and consistency in the application of 15 penalties. 16 Section 11. Revocation or nonrenewal of license. 17 (a) General rule.-- 18 (1) The department shall temporarily revoke the license 19 of an assisted living residence if, without good cause, one 20 or more Class I violations remain uncorrected 24 hours after 21 the assisted living residence has been cited for such 22 violation or if, without good cause, one or more Class II 23 violations remain uncorrected 15 days after being cited for 24 violation. 25 (2) Upon the revocation of a license pursuant to this 26 subsection, all consumers shall be relocated. 27 (3) The revocation may terminate upon the departments 28 determination that its violation is corrected. 29 (4) If, after three months, the department does not 30 issue a new license for an assisted living residence license 19990H1930B3705 - 23 -
1 revoked pursuant to this section: 2 (i) Such revocation or nonrenewal pursuant to this 3 section shall be for a minimum period of five years. 4 (ii) No provider of an assisted living residence who 5 has had a license revoked or not renewed pursuant to this 6 section shall be allowed to operate or staff or hold an 7 interest in an assisted living residence that applies for 8 a license for a period of five years after such 9 revocation or nonrenewal. 10 (b) Conditions for.--The department shall revoke or refuse 11 to renew the license of an assisted living residence if, during 12 any two-year period, the assisted living residence, without good 13 cause, on two or more separate occasions has been found to have 14 violated a regulation of the department which has been 15 categorized as Class I. 16 (c) Nature of power.--The power of the department to revoke 17 or refuse to renew or issue a license pursuant to this section 18 is in addition to the powers and duties of the department 19 pursuant to section 1026 of the act of June 13, 1967 (P.L.31, 20 No.21), known as the Public Welfare Code. 21 Section 12. Annual report. 22 The Department of Public Welfare shall, after consulting with 23 the Department of Aging and the Department of Health, provide an 24 annual report to the Aging and Youth Committee of the Senate, 25 the Aging and Youth Committee of the House of Representatives 26 and to the Intra-Governmental Council on Long-Term Care which 27 shall, at a minimum, include the following information: 28 (1) The total number of assisted living residences and 29 assisted living service providers in the Commonwealth as well 30 as the numbers of residences and providers newly licensed 19990H1930B3705 - 24 -
1 within the previous year. 2 (2) Complaints received by the licensing departments, 3 the ombudsman program or to the protective services units in 4 each area agency on aging and the outcome of any 5 investigations. 6 (3) Commonwealth costs associated with the licensing, 7 inspection and payment of assisted living services. 8 (4) The availability of assisted living residences and 9 assisted living services to consumers and any barriers 10 experienced by consumers in accessing assisted living 11 residences and assisted living services. 12 (5) General profile information regarding the types of 13 consumers accessing assisted living residences and assisted 14 living services. 15 (6) The costs experienced by consumers in assisted 16 living residences and by consumers using assisted living 17 services. Upon the department's completion of such a cost 18 analysis, the cost information shall also be included as an 19 update in the department's State plan pursuant to section 3. 20 (7) Recommendations for additional legislative or 21 regulatory action to improve the quality, affordability or 22 accessibility of assisted living in this Commonwealth. 23 Section 13. Repeal. 24 All acts and parts of acts are repealed insofar as they are 25 inconsistent with this act. 26 Section 14. Effective date. 27 This act shall take effect in one year. 28 SECTION 1. SHORT TITLE. <-- 29 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ADULT LIVING 30 RESIDENCE LICENSE ACT. 19990H1930B3705 - 25 -
1 SECTION 2. DEFINITIONS. 2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 3 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 4 CONTEXT CLEARLY INDICATES OTHERWISE: 5 "ACTIVITIES OF DAILY LIVING." ACTIVITIES INCLUDING EATING, 6 BATHING, DRESSING, TOILETING, TRANSFERRING IN AND OUT OF BED OR 7 A CHAIR AND PERSONAL HYGIENE. 8 "ADULT." A PERSON WHO IS 18 YEARS OF AGE OR OLDER. 9 "ADULT LIVING RESIDENCE." A RESIDENTIAL PREMISES THAT 10 PROVIDES HOUSING, FOOD, ASSISTANCE WITH ACTIVITIES OF DAILY 11 LIVING AND SCHEDULED OR UNSCHEDULED SUPERVISION AVAILABLE ON A 12 24-HOUR BASIS, THROUGH CONTRACT FOR MORE THAN THREE ADULTS WHO 13 ARE UNRELATED TO THE OPERATOR OF THE RESIDENTIAL PREMISES AND 14 WHO DO NOT REQUIRE CARE IN A LICENSED LONG-TERM CARE NURSING 15 FACILITY AS THAT TERM IS DEFINED IN THE ACT OF JULY 19, 1979 16 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE FACILITIES ACT, 17 REGARDLESS OF WHETHER THE OPERATOR PROVIDES OR ALLOWS 18 SUPPLEMENTAL SERVICES SUCH AS ADDITIONAL ASSISTANCE WITH 19 ACTIVITIES OF DAILY LIVING AND INTERMITTENT HEALTH CARE SERVICES 20 PROVIDED BY CERTIFIED, REGISTERED OR LICENSED HEALTH CARE 21 PROFESSIONALS. THE TERM SHALL INCLUDE A PERSONAL CARE HOME THAT 22 HAS A CATEGORY I LICENSE AND AN ASSISTED LIVING RESIDENCE THAT 23 HAS A CATEGORY II LICENSE. THE TERM SHALL NOT INCLUDE 24 INTERMEDIATE CARE FACILITIES EXCLUSIVELY FOR THE MENTALLY 25 RETARDED, COMMONLY REFERRED TO AS ICF/MR. 26 "ADULT LIVING RESIDENCY CONTRACT." A WRITTEN AGREEMENT, IN 27 THE FORM OF A CONTRACT OR CONTRACTS BETWEEN A PROVIDER AND A 28 CONSUMER NEEDING ADULT LIVING RESIDENCE SERVICES, REGARDING THE 29 PROVISION AND TERMS OF THOSE SERVICES. 30 "AGING IN PLACE." THE PROCESS OF PROVIDING INCREASED OR 19990H1930B3705 - 26 -
1 ADJUSTED SUPPORTIVE SERVICES TO A CONSUMER TO COMPENSATE FOR THE 2 PHYSICAL OR MENTAL DECLINE THAT OCCURS WITH THE AGING PROCESS 3 OVER TIME IN ORDER TO MAXIMIZE INDIVIDUAL DIGNITY AND 4 INDEPENDENCE AND TO PERMIT THE PERSON TO REMAIN IN A FAMILIAR, 5 LIVING ENVIRONMENT OF THE PERSON'S CHOICE FOR AS LONG AS 6 POSSIBLE, WHERE SUCH SUPPORTIVE SERVICES ARE PROVIDED BY A 7 LICENSED FACILITY OR A THIRD PARTY, IN A HOME OR COMMUNITY OR 8 THROUGH VOLUNTEERS, FRIENDS OR FAMILY. 9 "AREA AGENCY ON AGING." THE SINGLE LOCAL AGENCY DESIGNATED 10 BY THE DEPARTMENT OF AGING WITHIN EACH PLANNING AND SERVICE AREA 11 TO ADMINISTER THE DELIVERY OF A COMPREHENSIVE AND COORDINATED 12 PLAN OF SOCIAL AND OTHER SERVICES AND ACTIVITIES. 13 "ASSISTED LIVING." ACTIVITIES AS DETERMINED AND SELF- 14 DIRECTED BY A CONSUMER OR BY A LEGAL REPRESENTATIVE THAT PERMIT 15 AND ASSIST THE CONSUMER TO LIVE IN A COMMUNITY, INCLUDING SUCH 16 HOUSING ASSISTANCE OR RESIDENCY IN AN ASSISTED LIVING RESIDENCE 17 THAT PERMITS THE CONSUMER TO SAFELY BE SUPPORTED IN A RESIDENCE 18 IN WHICH THE CONSUMER'S INDEPENDENCE, DIGNITY AND ABILITY TO 19 MAKE CHOICES ARE MAINTAINED, TO THE EXTENT OF THE CONSUMER'S 20 CAPABILITIES. 21 "ASSISTED LIVING RESIDENCE." A RESIDENTIAL SETTING THAT: 22 (1) OFFERS, PROVIDES OR COORDINATES A COMBINATION OF 23 PERSONAL CARE SERVICES, RECREATION AND SOCIAL ACTIVITIES, 24- 24 HOUR SUPERVISION AND ASSISTED LIVING SERVICES, WHETHER 25 SCHEDULED OR UNSCHEDULED AND THAT COORDINATES OTHER HEALTH- 26 RELATED SERVICES FOR CONSUMERS. 27 (2) HAS A SUPPORTIVE SERVICE PROGRAM AND PHYSICAL 28 ENVIRONMENT DESIGNED TO ACCOMMODATE CHANGING NEEDS AND 29 PREFERENCES. 30 (3) HAS AN ORGANIZED MISSION, SERVICE PROGRAMS AND A 19990H1930B3705 - 27 -
1 PHYSICAL ENVIRONMENT DESIGNED TO MAXIMIZE CONSUMER DIGNITY, 2 AUTONOMY, PRIVACY AND INDEPENDENCE AND ENCOURAGES FAMILY AND 3 COMMUNITY INVOLVEMENT. 4 (4) PROVIDES THAT COSTS FOR HOUSING AND SERVICES ARE 5 INDEPENDENT OF ONE ANOTHER AND THAT PROVIDES CONSUMERS WITH 6 THE ABILITY TO CHOOSE THEIR SERVICE PROVIDER AND THE SERVICES 7 TO BE PROVIDED. 8 (5) HAS A GOAL OF FOSTERING AGING IN PLACE AND PROMOTING 9 CONSUMER SELF-DIRECTION AND ACTIVE PARTICIPATION IN DECISION 10 MAKING WHILE EMPHASIZING CONSUMER PRIVACY AND DIGNITY. 11 "ASSISTED LIVING SERVICES." A COMBINATION OF SUPPORTIVE 12 SERVICES, PERSONAL CARE SERVICES, PERSONALIZED ASSISTANCE 13 SERVICES, ASSISTIVE TECHNOLOGY AND HEALTH-RELATED SERVICES 14 DESIGNED TO RESPOND TO THE INDIVIDUAL NEEDS OF CONSUMERS WHO 15 NEED ASSISTANCE WITH ACTIVITIES OF DAILY LIVING AND INSTRUMENTAL 16 ACTIVITIES OF DAILY LIVING. THE TERMS INCLUDES PUBLICLY FUNDED 17 HOME-BASED AND COMMUNITY-BASED SERVICES AVAILABLE THROUGH THE 18 MEDICAL ASSISTANCE PROGRAM AND THE FEDERAL MEDICAID WAIVER 19 PROGRAM AND STATE-FUNDED OPTIONS FOR HOME-BASED AND COMMUNITY- 20 BASED SERVICES FUNDED THROUGH THE DEPARTMENT OF AGING AND THE 21 DEPARTMENT OF PUBLIC WELFARE. 22 "ASSISTIVE TECHNOLOGY." DEVICES AND SERVICES, WHETHER 23 MEDICALLY NECESSARY OR NOT, THAT ARE USED TO INCREASE, MAINTAIN 24 OR IMPROVE THE FUNCTIONAL CAPABILITIES OF PERSONS WITH 25 DISABILITIES WHICH MAY OR MAY NOT BE NEEDED TO PERMIT THE 26 PERSONS TO LIVE INDEPENDENTLY. THE TERM SHALL INCLUDE, BUT NOT 27 BE LIMITED TO, REACHERS, ADAPTED TELEPHONES, READING AIDS AND 28 OTHER NONMEDICAL DEVICES. 29 "BOARD." THE BOARD OF HEARINGS AND APPEALS WITHIN THE 30 DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH. 19990H1930B3705 - 28 -
1 "CATEGORY I LICENSE." AN ADULT LIVING RESIDENCE LICENSE 2 ISSUED UNDER THIS ACT TO A PERSONAL CARE HOME. 3 "CATEGORY II LICENSE." AN ADULT LIVING RESIDENCE LICENSE 4 ISSUED UNDER THIS ACT TO AN ASSISTED LIVING RESIDENCE. 5 "COMPREHENSIVE ASSESSMENT." A THOROUGH REVIEW AND ANALYSIS 6 OF A CONSUMER'S FUNCTIONAL STATUS. THE TERM INCLUDES A PERSONAL 7 HISTORY, ASSESSMENT OF PHYSICAL AND EMOTIONAL HEALTH, ABILITY TO 8 CARRY OUT ACTIVITIES OF DAILY LIVING, INFORMAL SUPPORTS, 9 ENVIRONMENTAL FACTORS AND COGNITIVE FUNCTIONING, INCLUDING 10 IMMOBILITY ASSESSMENT. 11 "COMPREHENSIVE SERVICE PLAN." A PLAN DEVELOPED TO MEET A 12 CONSUMER'S INDIVIDUAL NEEDS, AS DETERMINED BY A COMPREHENSIVE 13 ASSESSMENT, AND THAT IS DEVELOPED BY AN INTERDISCIPLINARY TEAM 14 THAT INCLUDES THE CONSUMER, THE CONSUMER'S LEGAL REPRESENTATIVE 15 AND THE CONSUMER'S FAMILY MEMBER. 16 "CONSUMER." A PERSON WHO RECEIVES SERVICES IN AN ADULT 17 LIVING RESIDENCE, IS IN NEED OF ASSISTED LIVING SERVICES OR 18 PERSONAL CARE SERVICES OR LIVES IN EITHER AN ADULT LIVING 19 RESIDENCE WITH A CATEGORY I LICENSE OR A CATEGORY II LICENSE. 20 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE 21 COMMONWEALTH. 22 "DIRECT SERVICE STAFF." A PERSON WHO PROVIDES SERVICES IN AN 23 ADULT LIVING RESIDENCE. 24 "IMMOBILE PERSON." AN INDIVIDUAL WHO IS UNABLE TO MOVE FROM 25 ONE LOCATION TO ANOTHER OR HAS DIFFICULTY IN UNDERSTANDING AND 26 CARRYING OUT INSTRUCTIONS WITHOUT THE CONTINUED FULL ASSISTANCE 27 OF ANOTHER PERSON OR IS INCAPABLE OF INDEPENDENTLY OPERATING A 28 DEVICE SUCH AS A WHEELCHAIR, PROSTHESIS, WALKER OR CANE TO EXIT 29 TO A POINT OF SAFETY. 30 "LICENSE." A CATEGORY I LICENSE OR A CATEGORY II LICENSE. 19990H1930B3705 - 29 -
1 "LONG-TERM CARE OMBUDSMAN." AN AGENT OF THE DEPARTMENT OF 2 AGING WHO, PURSUANT TO SECTION 2203-A OF THE ACT OF APRIL 9, 3 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 4 1929, INVESTIGATES AND SEEKS TO RESOLVE COMPLAINTS MADE BY OR ON 5 BEHALF OF OLDER INDIVIDUALS OR ADULTS WITH DISABILITIES WHO ARE 6 CONSUMERS OF ADULT LIVING RESIDENCES, WHICH COMPLAINTS MAY 7 RELATE TO ACTION, INACTION OR DECISIONS OF PROVIDERS OF ASSISTED 8 LIVING SERVICES OR RESIDENCES OR OF PERSONAL CARE HOMES OR OF 9 PUBLIC AGENCIES OR OF SOCIAL SERVICE AGENCIES OR THEIR 10 REPRESENTATIVES AND WHICH COMPLAINTS MAY ADVERSELY AFFECT THE 11 HEALTH, SAFETY, WELFARE, INTERESTS, PREFERENCES OR RIGHTS OF 12 CONSUMERS. 13 "OPTIONS." THE LONG-TERM CARE PRE-ADMISSION ASSESSMENT 14 PROGRAM AND THE COMMUNITY SERVICES FOR NURSING FACILITY 15 ELIGIBILITY PROGRAM ADMINISTERED BY THE DEPARTMENT OF AGING AND 16 OPERATED BY THE LOCAL AREA AGENCIES ON AGING. 17 "PERSONAL CARE HOME." A PREMISES IN WHICH FOOD, SHELTER AND 18 PERSONAL ASSISTANCE OR SUPERVISION ARE PROVIDED FOR A PERIOD 19 EXCEEDING 24 HOURS FOR FOUR OR MORE CONSUMERS WHO ARE NOT 20 RELATIVES OF THE OPERATOR OF THE PREMISES, WHO DO NOT REQUIRE 21 THE SERVICES IN OR OF A LICENSED LONG-TERM CARE FACILITY, BUT 22 WHO REQUIRE ASSISTANCE OR SUPERVISION IN SUCH MATTERS AS 23 DRESSING, BATHING, DIET, FINANCIAL MANAGEMENT, EVACUATION OF A 24 RESIDENCE IN THE EVENT OF AN EMERGENCY OR MEDICATION PRESCRIBED 25 FOR SELF-ADMINISTRATION. 26 "PERSONAL CARE SERVICES." ASSISTANCE OR SUPERVISION IN 27 DRESSING, BATHING, DIET, FINANCIAL MANAGEMENT OR EVACUATION OF A 28 CONSUMER IN A PERSONAL CARE HOME, IN THE EVENT OF AN EMERGENCY, 29 OR MEDICATION PRESCRIBED FOR SELF-ADMINISTRATION. 30 SECTION 3. (RESERVED) 19990H1930B3705 - 30 -
1 SECTION 4. POWERS AND DUTIES OF COMMONWEALTH DEPARTMENTS. 2 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT, THE 3 FOLLOWING COMMONWEALTH DEPARTMENTS SHALL WORK IN CONSULTATION 4 AND IN COOPERATION WITH EACH OTHER TO DEVELOP A PROGRAM OF 5 LICENSURE AND REGULATION TO GOVERN ADULT LIVING RESIDENCES IN 6 THIS COMMONWEALTH: 7 (1) THE DEPARTMENT OF PUBLIC WELFARE SHALL SERVE AS THE 8 LEAD AGENCY IN THE DEVELOPMENT AND IMPLEMENTATION OF A 9 PROGRAM FOR LICENSING AND REGULATING ADULT LIVING RESIDENCES, 10 TO INCLUDE A CATEGORY I LICENSE AND A CATEGORY II LICENSE. 11 THE DEPARTMENT SHALL COORDINATE WITH OTHER STATE AND LOCAL 12 AGENCIES HAVING STATUTORY RESPONSIBILITIES RELATING TO ADULT 13 LIVING RESIDENCES AND PROVIDERS OF ASSISTED LIVING SERVICES. 14 (2) THE DEPARTMENT OF AGING SHALL FORMULATE 15 RECOMMENDATIONS FOR CHANGES IN EXISTING STATE LAW AND 16 REGULATIONS TO EXTEND PROVISIONS OF THE ACT OF NOVEMBER 6, 17 1987 (P.L.381, NO.79), KNOWN AS THE OLDER ADULTS PROTECTIVE 18 SERVICES ACT, TO ADULT LIVING RESIDENCES AND THE CONSUMERS 19 THEREOF. 20 (3) THE DEPARTMENT OF HEALTH SHALL FORMULATE 21 RECOMMENDATIONS FOR CHANGES IN EXISTING STATE LAW AND 22 REGULATIONS TO ESTABLISH A SYSTEM OF LICENSURE APPLICABLE TO 23 PROVIDERS OF ASSISTED LIVING SERVICES WHO ARE NOT ALREADY 24 LICENSED BY THAT DEPARTMENT. SUCH SYSTEM MAY INCLUDE 25 ASSESSMENT OF A LICENSURE FEE. 26 (4) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL 27 PROMULGATE RULES AND REGULATIONS APPLICABLE TO ASSISTED 28 LIVING RESIDENCES IN ACCORDANCE WITH THE ACT OF NOVEMBER 10, 29 1999 (P.L.491, NO.45), KNOWN AS THE PENNSYLVANIA CONSTRUCTION 30 CODE ACT, AND IN ACCORDANCE WITH THIS SECTION. THE 19990H1930B3705 - 31 -
1 REGULATIONS SHALL APPLY TO ALL ASSISTED LIVING RESIDENCES NOT 2 CURRENTLY LICENSED BY THE DEPARTMENT OF PUBLIC WELFARE AS A 3 PERSONAL CARE HOME AND TO ALL PERSONAL CARE HOMES MAKING AN 4 APPLICATION TO THE DEPARTMENT FOR A CATEGORY II LICENSE. A 5 PERSONAL CARE HOME MAKING AN APPLICATION FOR A CATEGORY II 6 LICENSE SHALL HAVE THREE YEARS FROM THE EFFECTIVE DATE OF 7 THIS ACT TO COMPLY WITH THE DEPARTMENT OF LABOR AND INDUSTRY 8 RULES AND REGULATIONS UNDER THIS ACT. 9 SECTION 5. RULES AND REGULATIONS. 10 THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS FOR 11 ADULT LIVING RESIDENCES THAT: 12 (1) PROVIDE THAT ANY REGULATIONS SPECIFICALLY RELATED TO 13 PERSONAL CARE HOMES, ADOPTED PRIOR TO THE EFFECTIVE DATE OF 14 THIS ACT, SET FORTH IN 55 PA. CODE CH. 2620 (RELATING TO 15 PERSONAL CARE HOME LICENSING), AND PROMULGATED IN ACCORDANCE 16 WITH THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE 17 PUBLIC WELFARE CODE, SHALL CONTINUE TO BE APPLIED TO AN OWNER 18 OR ADMINISTRATOR OF A PERSONAL CARE HOME UNDER A CATEGORY I 19 LICENSE. THE DEPARTMENT SHALL ENSURE CONSISTENCY BETWEEN SUCH 20 CURRENTLY EXISTING REGULATIONS GOVERNING PERSONAL CARE HOMES 21 AND ANY REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS ACT. 22 (2) DEVELOP STANDARDS FOR A CATEGORY II LICENSE FOR ANY 23 PREMISES IN WHICH FOOD, SHELTER AND PERSONAL ASSISTANCE OR 24 SUPERVISION ARE PROVIDED FOR A PERIOD EXCEEDING 24 HOURS FOR 25 FOUR OR MORE CONSUMERS WHO ARE NOT RELATIVES OF THE OPERATOR 26 AND HAVE CONTRACTED FOR SUCH SERVICES. 27 (3) REQUIRE PERSONAL CARE HOMES LICENSED BY THE 28 DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS ACT AND THAT 29 INTEND TO OBTAIN A CATEGORY II LICENSE TO COME INTO 30 COMPLIANCE WITH DEPARTMENT RULES AND REGULATIONS AND TO 19990H1930B3705 - 32 -
1 OBTAIN A CATEGORY II LICENSE AS AN ASSISTED LIVING RESIDENCE 2 NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS 3 ACT. 4 (4) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS ACT, 5 ADOPT RULES RELATING TO THE CONDUCT OF OWNERS AND EMPLOYEES 6 OF ASSISTED LIVING RESIDENCES RELATIVE TO THE ENDORSEMENT OR 7 DELIVERY OF PUBLIC OR PRIVATE WELFARE, PENSION OR INSURANCE 8 CHECKS BY A CONSUMER OR AN ASSISTED LIVING RESIDENCE. 9 (5) EXEMPT FROM REGULATION UNDER THIS ACT BOARDING HOMES 10 WHICH MERELY PROVIDE ROOM, BOARD AND LAUNDRY SERVICES TO 11 PERSONS WHO DO NOT NEED ADULT LIVING RESIDENCE SERVICES. 12 (6) PROMOTE THE COST EFFICIENCY AND EFFECTIVENESS OF 13 VISITATIONS AND INSPECTIONS. 14 (7) DELEGATE TO OTHER STATE AND LOCAL AGENCIES 15 RESPONSIBILITY FOR VISITATIONS, INSPECTIONS, REFERRAL, 16 PLACEMENT AND PROTECTION OF CONSUMERS RESIDING IN ADULT 17 LIVING RESIDENCES OR RECEIVING ASSISTED LIVING SERVICES FROM 18 A PROVIDER OF ASSISTED LIVING SERVICES. 19 (8) EVALUATE THE STATE'S FIRE AND PANIC LAWS AS APPLIED 20 TO ADULT LIVING RESIDENCES. 21 (9) CREATE A UNIFORM STANDARD POLICY FOR THE DISCHARGE 22 OF A CONSUMER FROM AN ADULT LIVING RESIDENCE, INCLUDING, AT A 23 MINIMUM, ADVANCE NOTICE PROVISIONS FOR THE CONSUMER. 24 (10) CREATE A LISTING OF MEDICAL CONDITIONS OR CARE 25 NEEDS THAT SHALL PRECLUDE ADULT LIVING RESIDENCES FROM 26 ADMITTING OR RETAINING CONSUMERS. 27 (11) PROVIDE FOR THE IMPLEMENTATION OF FIRE AND SAFETY 28 AND CONSUMER CARE STANDARDS RELATING TO ADULT LIVING 29 RESIDENCES BY CITIES OF THE FIRST CLASS, SECOND CLASS AND 30 SECOND CLASS A. 19990H1930B3705 - 33 -
1 (12) ESTABLISH A PROCESS FOR RELOCATING CONSUMERS OF 2 ADULT LIVING RESIDENCES. 3 (13) ENSURE THAT ANY REGULATIONS ESTABLISHED IN 4 ACCORDANCE WITH THIS SECTION SHALL BE CONSISTENT WITH 5 REGULATIONS OF THE DEPARTMENT RELATING TO THE FUNDING OF 6 RESIDENTIAL CARE FOR THE MENTALLY ILL OR MENTALLY RETARDED 7 ADULTS AND ANY REGULATIONS OF THE DEPARTMENT OF AGING 8 RELATING TO DOMICILIARY CARE. 9 (14) DEVELOP STANDARDS AND QUALIFICATIONS FOR ASSISTED 10 LIVING RESIDENCE ADMINISTRATORS. 11 (15) DEVELOP STANDARDS FOR ORIENTATION AND TRAINING FOR 12 ALL DIRECT SERVICE STAFF IN AN ASSISTED LIVING RESIDENCE. 13 (16) PROVIDE FOR THE POSTING IN ADULT LIVING RESIDENCES 14 OF INFORMATION REGARDING THE LONG-TERM CARE OMBUDSMAN 15 PROGRAM, INCLUDING THE PROCESS WHEREBY THE SERVICES OF THE 16 LOCAL OMBUDSMAN CARE BE READILY ACCESSED INCLUDING THE 17 TELEPHONE NUMBER, AND NAME OF THE CONTACT PERSON. SUCH 18 INFORMATION SHALL BE POSTED IN A CONSPICUOUS LOCATION THAT IS 19 READILY ACCESSIBLE AND SHALL BE PRESENTED IN A FORM EASILY 20 UNDERSTOOD AND READ BY CONSUMERS. 21 (17) DEVELOP STANDARDS, FOR ADMISSION TO ADULT LIVING 22 RESIDENCES AND FOR PROVISION OF ASSISTED LIVING SERVICES, 23 INCLUDING: 24 (I) COMPLETION OF A COMPREHENSIVE ASSESSMENT PROCESS 25 AND DEVELOPMENT OF A COMPREHENSIVE SERVICE PLAN FOR EACH 26 CONSUMER. 27 (II) REQUIREMENTS FOR INFORMATION WHICH MUST BE 28 PROVIDED TO CONSUMERS OF ADULT LIVING RESIDENCES AND 29 ASSISTED LIVING SERVICES. 30 (III) REQUIREMENTS FOR ADULT LIVING RESIDENCY 19990H1930B3705 - 34 -
1 CONTRACTS, INCLUDING DEVELOPMENT OF A STANDARDIZED ADULT 2 LIVING RESIDENCY CONTRACT. 3 SECTION 6. (RESERVED) 4 SECTION 7. LICENSE REQUIRED. 5 NO PERSON SHALL ESTABLISH, MAINTAIN, OPERATE OR HOLD ITSELF 6 OUT AS AUTHORIZED TO ESTABLISH, MAINTAIN OR OPERATE: 7 (1) A PERSONAL CARE HOME WITHOUT FIRST HAVING OBTAINED A 8 CATEGORY I LICENSE ISSUED BY THE DEPARTMENT. 9 (2) AN ASSISTED LIVING RESIDENCE WITHOUT FIRST HAVING 10 OBTAINED A CATEGORY II LICENSE ISSUED BY THE DEPARTMENT. 11 SECTION 8. APPLICATION FOR LICENSE. 12 (A) SUBMISSION TO DEPARTMENT.--ANY PERSON DESIRING TO SECURE 13 A CATEGORY I LICENSE OR CATEGORY II LICENSE SHALL SUBMIT AN 14 APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT AND SHALL 15 SUBMIT ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 16 (B) FEES.--THE FOLLOWING FEE SHALL ACCOMPANY AN APPLICATION 17 FOR A LICENSE OR FOR RENEWAL OF A LICENSE UNTIL MODIFIED BY THE 18 DEPARTMENT BY REGULATION: 19 (1) RESIDENCES WITH LESS THAN 20 BEDS - $50. 20 (2) RESIDENCES WITH 20-50 BEDS - $100. 21 (3) RESIDENCES WITH 51-100 BEDS - $250. 22 (4) RESIDENCES WITH MORE THAN 100 BEDS - $500. 23 SECTION 9. ISSUANCE OF LICENSES. 24 A LICENSE ISSUED BY THE DEPARTMENT UNDER THIS ACT SHALL: 25 (1) BE ISSUED FOR A PERIOD NOT TO EXCEED ONE YEAR. 26 (2) BE ISSUED ONLY TO THE APPLICANT. 27 (3) BE ISSUED ONLY WHEN THE APPLICANT HAS ACHIEVED FULL 28 COMPLIANCE WITH THE RULES AND REGULATIONS OF THE COMMONWEALTH 29 DEPARTMENTS PROVIDED FOR UNDER SECTIONS 4 AND 5. 30 (4) NOT BE TRANSFERABLE. 19990H1930B3705 - 35 -
1 (5) BE POSTED AT ALL TIME IN A CONSPICUOUS AND READILY 2 ACCESSIBLE PLACE ON THE PREMISES OF THE ADULT LIVING 3 RESIDENCE. 4 SECTION 10. (RESERVED) 5 SECTION 11. (RESERVED) 6 SECTION 12. RIGHT TO ENTER AND INSPECT. 7 (A) GENERAL RULE.--THE DEPARTMENT SHALL HAVE THE RIGHT TO 8 ENTER AND INSPECT ANY ADULT LIVING RESIDENCE THAT IS LICENSED OR 9 REQUIRED TO BE LICENSED UNDER THIS ACT, WITH OR WITHOUT PRIOR 10 NOTICE. THE DEPARTMENT SHALL HAVE THE RIGHT TO FREE AND FULL 11 ACCESS TO INSPECT AND EXAMINE THE ASSISTED LIVING RESIDENCE AND 12 ITS GROUNDS AND THE RECORDS OF THE RESIDENCE AND THE LICENSEE. 13 THE DEPARTMENT SHALL ALSO HAVE IMMEDIATE AND FULL OPPORTUNITY TO 14 PRIVATELY INTERVIEW ANY MEMBER OF THE DIRECT SERVICE STAFF. THE 15 DEPARTMENT SHALL CONTACT THE LONG-TERM CARE OMBUDSMAN AND SHALL 16 UTILIZE ANY CONSUMER-RELATED INFORMATION AVAILABLE TO BE 17 PROVIDED BY THAT OFFICE WHEN CONDUCTING INSPECTIONS UNDER THIS 18 SECTION. 19 (B) ADMINISTRATIVE SEARCH WARRANTS.--NOTWITHSTANDING THE 20 INSPECTION AND ACCESS POWERS OF THE DEPARTMENT UNDER SUBSECTION 21 (A), UPON SHOWING PROBABLE CAUSE THAT THERE IS A VIOLATION OF 22 THIS ACT OR REGULATIONS UNDER THIS ACT, A COURT OF COMPETENT 23 JURISDICTION OR A DISTRICT JUSTICE WHERE THE RESIDENCE IS 24 LOCATED SHALL ISSUE AN ADMINISTRATIVE SEARCH WARRANT TO THE 25 DEPARTMENT. THE WARRANT SHALL IDENTIFY THE ADDRESS OF THE ADULT 26 LIVING RESIDENCE TO BE SEARCHED, THE HOURS DURING WHICH THE 27 SEARCH WILL OCCUR AND ANY DOCUMENTS OR OBJECTS TO BE SEIZED. 28 SECTION 13. (RESERVED) 29 SECTION 14. (RESERVED) 30 SECTION 15. (RESERVED) 19990H1930B3705 - 36 -
1 SECTION 16. IMMOBILE PERSONS. 2 THE DEPARTMENT SHALL NOT PROHIBIT IMMOBILE PERSONS WHO DO NOT 3 REQUIRE THE SERVICES OF A LICENSED LONG-TERM CARE FACILITY, BUT 4 WHO REQUIRE ASSISTED LIVING RESIDENCE SERVICES, FROM RESIDING IN 5 AN ADULT LIVING RESIDENCE WITH A CATEGORY II LICENSE, PROVIDED 6 THAT THE DESIGN, CONSTRUCTION, STAFFING OR OPERATION OF THE 7 ASSISTED LIVING RESIDENCE ALLOWS FOR SAFE EMERGENCY EVACUATION. 8 SECTION 17. VIOLATIONS. 9 (A) NOTICE OF VIOLATIONS.-- 10 (1) IF THE DEPARTMENT, WHETHER UPON INSPECTION, 11 INVESTIGATION OR COMPLAINT, FINDS A VIOLATION OF THIS ACT OR 12 REGULATIONS PROMULGATED UNDER THIS ACT, IT SHALL GIVE WRITTEN 13 NOTICE TO THE LICENSEE SPECIFYING THE VIOLATION OR VIOLATIONS 14 FOUND. THE NOTICE SHALL REQUIRE THE LICENSEE TO TAKE ACTION 15 OR TO SUBMIT A PLAN OF CORRECTION TO BRING THE ADULT LIVING 16 RESIDENCE INTO COMPLIANCE WITH APPLICABLE LAW OR REGULATION 17 WITHIN A SPECIFIED TIME. 18 (2) THE LICENSEE SHALL, WITHIN 15 DAYS OF RECEIPT OF THE 19 WRITTEN NOTICE OR SOONER IF DIRECTED TO DO SO BY THE 20 DEPARTMENT, SUBMIT A PLAN OF CORRECTION. 21 (3) THE DEPARTMENT MAY REVOKE A LICENSE BEFORE PROVIDING 22 NOTICE OR BEFORE A PLAN OF CORRECTION IS SUBMITTED WHENEVER A 23 VIOLATION POSES A SIGNIFICANT THREAT TO THE HEALTH OR SAFETY 24 OF THE CONSUMERS IN AN ADULT LIVING RESIDENCE. 25 (B) ADMINISTRATIVE FINES.--IF THE DEPARTMENT DETERMINES THAT 26 AN ADULT LIVING RESIDENCE HAS FAILED TO COMPLY WITH THE 27 PROVISIONS OF THIS ACT OR THE REGULATIONS PROMULGATED UNDER THIS 28 ACT, IT MAY ASSESS AN ADMINISTRATIVE FINE OF NOT MORE THAN 29 $1,000 PER DAY PER VIOLATION. IN SETTING THE FINE, THE 30 DEPARTMENT SHALL CONSIDER THE SEVERITY OF THE VIOLATION AND 19990H1930B3705 - 37 -
1 WHETHER THERE IS A PATTERN OF VIOLATIONS. 2 (C) CRIMINAL PENALTIES.--A LICENSEE THAT INTENTIONALLY 3 COMMITS A VIOLATION OR CONTINUES TO OPERATE AN ADULT LIVING 4 RESIDENCE WITHOUT A LICENSE BY THE DEPARTMENT COMMITS A 5 MISDEMEANOR OF THE SECOND DEGREE AND SHALL, UPON CONVICTION, BE 6 SENTENCED TO PAY A FINE OF $5,000 OR TO IMPRISONMENT FOR NOT 7 MORE THAN TWO YEARS, OR BOTH. 8 SECTION 18. REASONS FOR DENIAL, NONRENEWAL OR REVOCATION OF A 9 LICENSE. 10 THE DEPARTMENT MAY DENY, REFUSE OR RENEW OR REVOKE A LICENSE 11 FOR ALL OR ANY PORTION OF AN ADULT LIVING RESIDENCE OR MAY 12 SUSPEND OR RESTRICT ADMISSIONS TO THE RESIDENCE FOR ANY OF THE 13 FOLLOWING REASONS: 14 (1) FAILURE OF A LICENSEE TO SUBMIT AN ACCEPTABLE PLAN 15 OF CORRECTION WITH A REASONABLE TIMETABLE TO CORRECT 16 VIOLATIONS. 17 (2) THE EXISTENCE OF A PATTERN OF VIOLATIONS. 18 (3) FAILURE TO COMPLY WITH A PLAN OF CORRECTION OR TO 19 REPORT VIOLATIONS IN ACCORDANCE WITH A TIMETABLE SUBMITTED BY 20 THE APPLICANT AND AGREED UPON BY THE DEPARTMENT. 21 (4) FRAUD OR DECEIT IN OBTAINING OR ATTEMPTING TO OBTAIN 22 A LICENSE. 23 (5) LENDING, BORROWING OR USING THE LICENSE OF ANOTHER 24 OR IN ANY WAY KNOWINGLY AIDING OR ABETTING THE IMPROPER 25 GRANTING OF A LICENSE. 26 (6) INCOMPETENCE, NEGLIGENCE OR MISCONDUCT IN OPERATING 27 THE ADULT LIVING RESIDENCE. 28 (7) MISTREATMENT OR ABUSE OF A CONSUMER OF THE ADULT 29 LIVING RESIDENCE. 30 (8) VIOLATION OF THE PROVISIONS OF THIS ACT OR THE 19990H1930B3705 - 38 -
1 REGULATIONS PROMULGATED UNDER THIS ACT. 2 (9) VIOLATION OF OTHER APPLICABLE FEDERAL OR STATE LAWS. 3 SECTION 19. LICENSURE APPEALS. 4 (A) NATURE OF PROCEEDING.--A LICENSEE AGGRIEVED BY A 5 DECISION OF THE DEPARTMENT UNDER THIS ACT SHALL HAVE THE RIGHT 6 TO AN APPEAL. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 2 7 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF 8 COMMONWEALTH AGENCIES) TO THE BOARD. 9 (B) TIME FOR HEARING.-- 10 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A HEARING SHALL 11 BE HELD BY THE BOARD WITHIN 90 DAYS OF RECEIPT OF THE NOTICE 12 OF REQUEST FOR A HEARING. 13 (2) IF THE BOARD DETERMINES THAT CONTINUED OPERATION, 14 PENDING ADMINISTRATIVE REVIEW, POSES AN IMMEDIATE THREAT TO 15 THE CONSUMERS IN THE ASSISTED LIVING RESIDENCE OR IF THE 16 DEPARTMENT HAS IMPLEMENTED AN EMERGENCY ACTION PURSUANT TO 17 SECTION 21(C) AND A TIMELY REQUEST FOR A HEARING HAS BEEN 18 MADE, A HEARING SHALL BE HELD WITHIN 15 DAYS AFTER THE 19 RECEIPT OF THE RESPONSE OR REQUEST FOR A HEARING. 20 (3) HEARING DATES SPECIFIED IN THIS SUBSECTION MAY BE 21 EXTENDED BY THE BOARD FOR GOOD CAUSE IF AGREED TO BY ALL 22 PARTIES. 23 (C) DECISIONS.--A DECISION SHALL BE ISSUED WITHIN 60 DAYS 24 AFTER THE FINAL DAY OF THE HEARING. IN THE CASE OF AN EXPEDITED 25 HEARING UNDER SUBSECTION (B)(2), A DECISION SHALL BE ISSUED 26 WITHIN FIVE DAYS AFTER THE FINAL DATE OF THE HEARING. 27 (D) SUBPOENAS.--THE PRESIDING OFFICER MAY ISSUE A SUBPOENA 28 AT THE REQUEST OF EITHER PARTY. 29 (E) DISCOVERY.--DISCOVERY SHALL BE LIMITED TO REASONABLE 30 REQUESTS FOR PRODUCTION OF DOCUMENTS AND IDENTIFICATION OF 19990H1930B3705 - 39 -
1 WITNESSES. ALL OTHER DISCOVERY SHALL BE BY MUTUAL AGREEMENT OF 2 THE PARTIES. 3 SECTION 20. EFFECT OF DEPARTMENTAL ORDERS. 4 ORDERS OF THE DEPARTMENT FROM WHICH NO APPEAL IS TAKEN TO THE 5 BOARD AND ORDERS OF THE BOARD FROM WHICH NO TIMELY APPEAL IS 6 TAKEN TO THE COURT SHALL BE FINAL ORDERS AND MAY BE ENFORCED BY 7 A COURT OF COMPETENT JURISDICTION. 8 SECTION 21. ACTIONS AGAINST VIOLATIONS OF LAW AND REGULATIONS. 9 (A) VIOLATIONS.--WHENEVER ANY PERSON, REGARDLESS OF WHETHER 10 SUCH PERSON IS A LICENSEE, HAS VIOLATED ANY OF THE PROVISIONS OF 11 THIS ACT OR THE REGULATIONS ISSUED PURSUANT THERETO, THE 12 DEPARTMENT MAY MAINTAIN AN ACTION IN THE NAME OF THE 13 COMMONWEALTH FOR AN INJUNCTION OR OTHER PROCESS RESTRAINING OR 14 PROHIBITING SUCH PERSON FROM ENGAGING IN SUCH ACTIVITY. 15 (B) RESIDENCE CLOSURE FOR THREAT TO HEALTH OR SAFETY.-- 16 WHENEVER THE DEPARTMENT DETERMINES THAT A VIOLATION POSES AN 17 IMMEDIATE AND SERIOUS THREAT TO THE HEALTH OR SAFETY OF THE 18 CONSUMERS OF AN ADULT LIVING RESIDENCE, THE DEPARTMENT MAY 19 DIRECT THE CLOSURE OF THE ASSISTED LIVING RESIDENCE AND THE 20 TRANSFER OF THE CONSUMERS TO OTHER ADULT LIVING RESIDENCES WITH 21 A CATEGORY II LICENSE OR OTHER APPROPRIATE LOCATIONS. THE 22 DEPARTMENT MAY PETITION THE COMMONWEALTH COURT OR THE COURT OF 23 COMMON PLEAS OF THE COUNTY IN WHICH THE ADULT LIVING RESIDENCE 24 IS LOCATED TO APPOINT THE DEPARTMENT TEMPORARY MANAGEMENT OF THE 25 ADULT LIVING RESIDENCE. IF GRANTED, THE DEPARTMENT SHALL ASSUME 26 OPERATION OF THE ADULT LIVING RESIDENCE AT THE LICENSEE'S 27 EXPENSE UNTIL THERE IS AN ORDERLY CLOSURE OF THE ADULT LIVING 28 RESIDENCE. 29 (C) UNLICENSED ADULT LIVING RESIDENCES.-- 30 (1) WHENEVER A LICENSE IS REQUIRED BY THIS ACT, THE 19990H1930B3705 - 40 -
1 DEPARTMENT MAY MAINTAIN AN ACTION IN A COURT OF COMPETENT 2 JURISDICTION IN THE NAME OF THE COMMONWEALTH FOR AN 3 INJUNCTION OR OTHER PROCESS RESTRAINING OR PROHIBITING ANY 4 PERSON FROM ESTABLISHING, MAINTAINING OR OPERATING AN ADULT 5 LIVING RESIDENCE THAT DOES NOT POSSESS A CATEGORY I LICENSE 6 OR CATEGORY II LICENSE. 7 (2) IF A PERSON WHO IS REFUSED A LICENSE OR THE RENEWAL 8 OF A LICENSE TO OPERATE OR CONDUCT AN ADULT LIVING RESIDENCE, 9 OR WHOSE LICENSE TO OPERATE OR CONDUCT AN ADULT LIVING 10 RESIDENCE IS REVOKED, FAILS TO APPEAL, OR SHOULD SUCH APPEAL 11 BE DECIDED FINALLY FAVORABLE TO THE DEPARTMENT, THEN THE 12 COURT SHALL ISSUE A PERMANENT INJUNCTION UPON PROOF THAT THE 13 PERSON IS OPERATING OR CONDUCTING AN ADULT LIVING RESIDENCE 14 WITHOUT A LICENSE AS REQUIRED BY THIS ACT. 15 SECTION 22. INJUNCTION OR RESTRAINING ORDER WHEN APPEAL IS 16 PENDING. 17 WHENEVER THE DEPARTMENT REFUSES TO RENEW OR REVOKES A LICENSE 18 OR ORDERS A PERSON TO REFRAIN FROM VIOLATING THIS ACT OR THE 19 REGULATIONS PROMULGATED UNDER THIS ACT AND THE PERSON, DEEMING 20 HIMSELF AGGRIEVED BY THE REFUSAL, REVOCATION OR ORDER, APPEALS 21 FROM THE ACTION OF THE DEPARTMENT TO THE BOARD OR FROM THE ORDER 22 OF THE BOARD TO THE COURT, THE COURT MAY DURING PENDANCY OF THE 23 APPEAL: 24 (1) ISSUE A RESTRAINING ORDER OR INJUNCTION UPON A 25 SHOWING THAT THE CONTINUED OPERATION OF THE ADULT LIVING 26 RESIDENCE ADVERSELY AFFECTS THE HEALTH, SAFETY OR CARE OF THE 27 CONSUMERS OF THE ADULT LIVING RESIDENCE; OR 28 (2) AUTHORIZE CONTINUED OPERATION OF THE RESIDENCE OR 29 MAKE SUCH OTHER ORDER, PENDING FINAL DISPOSITION OF THE CASE, 30 AS JUSTICE AND EQUITY REQUIRE. 19990H1930B3705 - 41 -
1 SECTION 23. (RESERVED) 2 SECTION 24. (RESERVED) 3 SECTION 25. (RESERVED) 4 SECTION 26. SEVERABILITY. 5 IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO 6 ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, SUCH INVALIDITY 7 SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ACT 8 WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR 9 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ACT ARE 10 DECLARED TO BE SEVERABLE. 11 SECTION 27. REPEAL. 12 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE 13 INCONSISTENT WITH THIS ACT. 14 SECTION 28. EFFECTIVE DATE. 15 THIS ACT SHALL TAKE EFFECT IN ONE YEAR. I21L67DMS/19990H1930B3705 - 42 -