PRINTER'S NO. 2693
No. 2089 Session of 1987
INTRODUCED BY DORR, PISTELLA, SAURMAN, COWELL, CLYMER, PRESTON,
JADLOWIEC, LEH, E. Z. TAYLOR, BARLEY, HECKLER, BLACK,
HONAMAN, SIRIANNI, FARMER, VROON, HESS, DIETTERICK, FOX,
DAWIDA, FREEMAN, VEON, MOWERY, FARGO, CAWLEY, TIGUE, ARTY,
STUBAN AND LASHINGER, DECEMBER 15, 1987
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, DECEMBER 15, 1987
AN ACT
1 Establishing the Housing Counseling and Long-Term Care
2 Assessment and Management Program within the Department of
3 Aging.
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 Long-Term
8 Care Assessment and Counseling Act.
9 Section 2. Legislative intent.
10 The General Assembly finds that there is a need for
11 coordination of a continuum of long-term care services for older
12 adults and that a program should be established within the
13 Department of Aging to assure that individuals who need long-
14 term care have those needs met in the most appropriate setting.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Department." The Department of Aging of the Commonwealth.
3 "Eligible person." An individual 60 years of age or older or
4 a functionally impaired person 18 years of age or older who is
5 at risk of long-term institutional placement.
6 "Local sponsor." A nonprofit agency or organization that has
7 a demonstrated capability of providing services to a local
8 community as provided for in this act.
9 "Long-term care." Those services designed to provide
10 therapeutic, rehabilitative, supportive and maintenance services
11 for individuals who have chronic, functional impairments. These
12 services may be provided in a variety of institutional and
13 noninstitutional care settings, including the home.
14 "Secretary." The Secretary of Aging of the Commonwealth.
15 "Service plan." A written document agreed upon by the
16 eligible person and a local agency providing for long-term care.
17 Section 4. Duties of secretary.
18 (a) Creation of program.--The Housing Counseling and Long-
19 Term Care Assessment and Management Program is created within
20 the department. The department shall establish the program
21 statewide, in cooperation with the Department of Public Welfare.
22 The program shall be administered by sponsors designated by the
23 secretary.
24 (b) Rules and regulations.--The department shall promulgate
25 rules and regulations necessary to effectuate the purposes of
26 this act. The rules and regulations shall include, but are not
27 limited to, the following:
28 (1) Standards for eligibility for services.
29 (2) Target populations and priorities.
30 (3) Qualifications and requirements of program sponsors.
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1 (4) Methods for determining provider reimbursement.
2 (5) Service and cost limitations for eligible persons.
3 (6) Procedures for reporting.
4 (c) Maximum Federal financial participation.--The department
5 shall take action which may be appropriate to maximize Federal
6 financial participation in the implementation or expansion of
7 services under this act.
8 (d) Contractual authority.--Within the limits of funds
9 available, the secretary is authorized to enter into contracts
10 with local sponsors in a planning and service area for the
11 performance of long-term care services, housing referral and
12 preadmission assessment for individuals at risk of institutional
13 placement. No more than 50% of the total amount appropriated for
14 this program activity in a fiscal year shall be allocated for
15 contracts within a single planning and service area or county.
16 (e) Term of contract.--A contract entered into under this
17 section shall be for a period of no more than one year, but may
18 be extended from year to year based on a satisfactory
19 performance audit.
20 Section 5. Provision of services.
21 The department shall require local sponsors to provide or to
22 contract with an established agency that provides either the
23 following or similar services:
24 (1) A needs analysis for the planning and service area
25 which includes an evaluation of an eligible person's service
26 needs and a plan of action.
27 (2) Counseling services which may include matching
28 individuals for shared living arrangements and providing
29 information and assistance in securing Federal, State or
30 local benefits, home equity conversions or other residential
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1 options available to eligible persons.
2 (3) Comprehensive personal assessment of the social,
3 residential and medical needs, including family support and
4 financial and community resources of eligible persons who
5 voluntarily apply for housing counseling or long-term care.
6 (4) Comprehensive, personal assessment of the social,
7 residential and medical needs, including family support and
8 financial and community resources of eligible persons who are
9 believed to be in need of long-term care, who seek public
10 funding for that care or are likely to be eligible for public
11 funding for long-term care within six months of placement in
12 a long-term care setting.
13 (5) Individualized long-term care service plans for
14 eligible persons whose personal assessment indicates a need
15 for such a plan. The service plan shall provide for the
16 following:
17 (i) Long-term care assessment, which shall include a
18 personalized review of the social and medical needs of an
19 eligible person, conducted by a team of qualified
20 professionals who shall consider the person's medical,
21 social and financial needs, as well as the availability
22 of family support and community resources.
23 (ii) Long-term care services, which may include
24 support services and medical care provided in the
25 individual's home or the home of a friend or family
26 member, day care, respite care, domiciliary care or care
27 in a licensed personal care facility or nursing home.
28 (iii) The promotion of services in the least
29 restrictive setting appropriate to the needs of the
30 individual.
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1 (iv) A review of the service plan and its impact on
2 the individual. The review shall be conducted as needed,
3 but no less frequently than annually.
4 (6) Case management for individuals in long-term care
5 who are publicly funded and not receiving case management
6 services from another local entity.
7 Section 6. Local advisory council.
8 The department shall require a local sponsor to establish a
9 local advisory council of the counseling and long-term care
10 management and assessment program for the planning and service
11 area it serves. The council shall:
12 (1) Be cochaired by the director of the area agency on
13 aging, or his or her designee, with a cochair elected by the
14 council.
15 (2) Include representatives of all long-term care
16 providers, public housing authorities, local government,
17 human services providers, members of the private sector
18 interested in housing and community development and concerned
19 older adults.
20 (3) Develop a plan to meet the long-term care and
21 residential needs of eligible persons.
22 (4) Develop innovative residential programs and
23 activities.
24 (5) Promote private sector investment and involvement in
25 expanding residential and service options for eligible
26 persons in the planning and service area.
27 Section 7. Allocation of funds.
28 Allocation of funds under this act shall be based upon the
29 proportion of low-income eligible persons in each planning and
30 service area, consistent with the distribution formula provided
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1 for in Article XXII-A of the act of April 9, 1929 (P.L.177,
2 No.175), known as The Administrative Code of 1929, except that
3 no more than 50% of the total funds appropriated for this
4 program activity in a fiscal year shall be allocated for
5 contracts within a single planning and service area or county.
6 Section 8. Effective date.
7 This act shall take effect July 1, 1988.
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