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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, WASHINGTON, ALLOWAY, BAKER, STACK, O'PAKE, BROWNE, COSTA, EARLL, FARNESE, GORDNER, HUGHES, RAFFERTY, TARTAGLIONE, WAUGH, M. WHITE AND WONDERLING, JUNE 5, 2009 |
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| REFERRED TO AGING AND YOUTH, JUNE 5, 2009 |
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| AN ACT |
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1 | Establishing the Department of Aging and Long-Term Living and |
2 | providing for its powers and duties; and making related |
3 | repeals. |
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 Department of |
8 | Aging and Long-Term Living Act. |
9 | Section 2. Objectives. |
10 | The objectives of this act shall be all of the following: |
11 | (1) To establish a cabinet-level State agency that |
12 | combines the Department of Aging and selected functions of |
13 | the Department of Public Welfare. |
14 | (2) To establish an agency whose jurisdiction, powers |
15 | and duties concern and are directed to advancing the well- |
16 | being and full participation of older adults through the |
17 | creation and growth of programs and activities that support |
18 | health and wellness of older adults, assist older adults in |
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1 | maintaining lives of independence and dignity and encourage |
2 | the involvement of older adults in the community. |
3 | (3) To establish an agency whose jurisdiction, powers |
4 | and duties concern and are directed to advancing the well- |
5 | being and full participation of people with disabilities |
6 | through the provision of long-term living services in a |
7 | manner that assists them in attaining and maintaining lives |
8 | of independence and dignity and promotes involvement and |
9 | integration in the community. |
10 | (4) To effect the maximum feasible coordination of and |
11 | eliminate duplication in the Commonwealth's administration of |
12 | certain Federal and State programs for older adults and |
13 | people with disabilities. |
14 | (5) To promote the development of a long-term living |
15 | system that includes consumer choice and self-direction, |
16 | recognizes cultural differences and language barriers and is |
17 | responsive to the needs and preferences of older adults and |
18 | people with disabilities at each stage of their adult life, |
19 | including changes that may require additional care and |
20 | services. |
21 | (6) To promote the efficient and economical |
22 | administration and delivery of long-term living services to |
23 | older adults and people with disabilities in ways that assure |
24 | that long-term living services are provided in a manner |
25 | consistent with applicable Federal and State law, including |
26 | Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. |
27 | § 1396 et seq.). |
28 | Section 3. Definitions. |
29 | The following words and phrases when used in this act shall |
30 | have the meanings given to them in this subsection unless the |
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1 | context clearly indicates otherwise: |
2 | "Adult daily living center." An older adult daily living |
3 | center as defined in the act of July 11, 1990 (P.L.499, No.118), |
4 | known as the Older Adult Daily Living Centers Licensing Act. |
5 | "Area agency." The single local area agency on aging |
6 | designated by the Department of Aging and Long-Term Living |
7 | within each planning and service area to administer the delivery |
8 | of a comprehensive and coordinated plan of social and other |
9 | services and activities. |
10 | "Area plan." The plan submitted to the Department of Aging |
11 | and Long-Term Living by an area agency describing the methods by |
12 | which it will ensure a coordinated and comprehensive plan of |
13 | social and other services and activities in the planning and |
14 | service area. |
15 | "Assessment." A determination based on a comprehensive |
16 | review of an individual’s social, physical and psychological |
17 | status and needs, using the instruments and procedures |
18 | established by the department for this purpose. |
19 | "Assisted living residence." An assisted living residence as |
20 | defined in the act of July 25, 2007 (P.L.402, No.56), entitled |
21 | "An act amending the act of June 13, 1967 (P.L.31, No.21), |
22 | entitled 'An act to consolidate, editorially revise, and codify |
23 | the public welfare laws of the Commonwealth,' further providing |
24 | for State plan for regulating and licensing personal care homes, |
25 | for Intra-Governmental Council on Long-Term Care and for rules |
26 | and regulations for personal care homes and assisted living |
27 | residences." |
28 | "Centers for Independent Living." A center for independent |
29 | living as defined in the Rehabilitation Act of 1973 (Public Law |
30 | 93-112, 29 U.S.C. § 701 et seq.) |
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1 | "Community senior center." A center where older adults |
2 | congregate for services and activities that support their |
3 | independence, enhance their quality of life and encourage their |
4 | involvement in the community. |
5 | "Council." The Council on Aging and Long-Term Living. |
6 | "Department." The Department of Aging and Long-Term Living |
7 | of the Commonwealth. |
8 | "Domiciliary care." A living arrangement in the community |
9 | which provides a safe, supportive, homelike residential setting |
10 | for no more than three adults who are unrelated to the |
11 | domiciliary care provider and who cannot live independently in |
12 | the community. |
13 | "Long-term living services." Those services designed to |
14 | provide diagnostic, therapeutic, rehabilitative, preventive, |
15 | wellness, supportive or maintenance services for individuals who |
16 | have chronic or episodic functional impairments provided in |
17 | settings including the individual's home, an adult daily living |
18 | center, domiciliary care, a personal care home, an assisted |
19 | living residence or a nursing facility. The term does not |
20 | include services authorized under the act of October 20, 1966 |
21 | (Sp.Sess. 3, P.L.96, No.6), known as the Mental Health and |
22 | Mental Retardation Act of 1966, or similar services funded under |
23 | Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § |
24 | 1396 et seq.). |
25 | "Nursing facility." A long-term care nursing facility |
26 | licensed by the Department of Health pursuant to the act of July |
27 | 19, 1979 (P.L.130, No.48), known as the Health Care Facilities |
28 | Act. |
29 | "Older adults." Any persons residing within this |
30 | Commonwealth who are at least 60 years of age. |
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1 | "Older Americans Act of 1965." The Older Americans Act of |
2 | 1965 (Public Law 89-73, 42 U.S.C. § 3001 et seq.). |
3 | "People with disabilities." Individuals 18 to 59 years of |
4 | age residing within this Commonwealth who have been determined |
5 | to be eligible to receive, or who are receiving, attendant care |
6 | services under the act of December 10, 1986 (P.L.1477, No.150), |
7 | known as the Attendant Care Services Act, or services under a |
8 | home and community-based services waiver or other long-term |
9 | living services program administered by the Department of Aging |
10 | and Long-Term Living. |
11 | "Personal care home." A personal care home licensed under |
12 | Article X of the act of June 13, 1967 (P.L.31, No.21), known as |
13 | the Public Welfare Code. |
14 | "Planning and service area." The geographic unit within this |
15 | Commonwealth, as authorized by the Older Americans Act of 1965 |
16 | (Public Law 89-73, 42 U.S.C. § 3001 et seq.), for allocation of |
17 | funds for the delivery of social services to older adults. |
18 | "Secretary." The Secretary of Aging and Long-Term Living. |
19 | "Sole State agency." As used with reference to the Older |
20 | Americans Act of 1965 (Public Law 89-73, 42 U.S.C. § 3001 et |
21 | seq.), the Department of Aging and Long-Term Living. |
22 | "Support organization." A private organization that supports |
23 | older adults and people with disabilities through advocacy and |
24 | the provision of services. |
25 | "Unit of general purpose local government." As used with |
26 | reference to the designation of area agencies on aging, a county |
27 | or other unit which carries general government authority for an |
28 | area designated as a planning and service area under this act or |
29 | a combination of those units. |
30 | Section 4. Department of Aging and Long-Term Living. |
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1 | (a) Establishment.--The Department of Aging and Long-Term |
2 | Living is established. |
3 | (b) Powers and duties.--The department shall have the power |
4 | and duty to do all of the following: |
5 | (1) Administer programs that provide long-term living |
6 | services to older adults and people with disabilities. |
7 | (2) Assist with planning and provide consultation to |
8 | State agencies with respect to services, programs and |
9 | activities which they may furnish to older adults and people |
10 | with disabilities. |
11 | (3) Develop and periodically update in consultation with |
12 | the council, service providers, centers for independent |
13 | living, support organizations and the area agencies, a |
14 | comprehensive plan for coordinating major Commonwealth |
15 | services, programs and activities that are directed toward |
16 | older adults and people with disabilities who require long- |
17 | term living services. |
18 | (4) Administer the former act of November 4, 1983 |
19 | (P.L.217, No.63), known as the Pharmaceutical Assistance |
20 | Contract for the Elderly Act. |
21 | (5) Administer the former act of November 6, 1987 |
22 | (P.L.381, No.79), known as the Older Adults Protective |
23 | Services Act. |
24 | (6) Prepare for the Governor an annual budget for the |
25 | council as may be reasonably required to address the needs of |
26 | the council. |
27 | (7) Make recommendations for legislative action to the |
28 | Governor and the General Assembly. |
29 | (8) Publish a description of the organization and |
30 | function of the department so that all interested agencies |
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1 | and individuals may be better able to solicit assistance from |
2 | the department. |
3 | (9) Administer and supervise a domiciliary care program |
4 | for adults. |
5 | (9.1) (i) License and regulate personal care homes and |
6 | assisted living residences under all powers previously |
7 | granted to the Department of Public Welfare as provided |
8 | in Articles II and X of the act of June 13, 1967 (P.L.31, |
9 | No.21), known as the Public Welfare Code. |
10 | (ii) The department may institute or alter policies |
11 | or procedures involving compliance with statutes or |
12 | regulations only after providing the affected parties |
13 | notification and a reasonable opportunity to comment on |
14 | the changes. |
15 | (10) Administer and supervise an attendant care program |
16 | for people with disabilities under the act of December 10, |
17 | 1986 (P.L.1477, No.150), known as the Attendant Care Services |
18 | Act, and any related home and community-based services |
19 | waiver. |
20 | (11) Conduct, in cooperation with appropriate State and |
21 | local public and private agencies, studies and evaluations |
22 | pertaining to the quality life, health and social needs, |
23 | civil rights and status of older adults and people with |
24 | disabilities and report the findings and recommendations to |
25 | the General Assembly. |
26 | (12) In cooperation with the area agencies, Federal, |
27 | State and local organizations and agencies that support older |
28 | adults and people with disabilities and centers for |
29 | independent living and support organizations, work toward the |
30 | development of a continuum of home and community-based |
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1 | service, transportation and housing options for older adults |
2 | and for people with disabilities designed to maintain them in |
3 | the community and avoid or delay institutional care if |
4 | clinically appropriate. System development activities shall |
5 | include coordinating the Commonwealth’s plans for the |
6 | provision, expansion and effective administration of all of |
7 | the following: |
8 | (i) In-home services that recognize consumer choice, |
9 | including personal assistance and supportive services, |
10 | which shall include consumer-directed services. |
11 | (ii) Housing options such as service-enriched |
12 | housing options, personal care homes and assisted living |
13 | residences. |
14 | (iii) Special services to caregivers who support |
15 | older adults and people with disabilities. |
16 | (iv) Adult daily living center services, respite |
17 | services and other community-based services to support |
18 | caregivers. |
19 | (v) The promotion of informal community supports. |
20 | (vi) Assessment programs. |
21 | (vii) Counseling programs to assist individuals in |
22 | determining the most appropriate long-term living |
23 | services. |
24 | (viii) Special advocacy efforts to promote greater |
25 | awareness of, and more effective response to, Alzheimer’s |
26 | disease and other related brain disorders. |
27 | (ix) Activities and services at community senior |
28 | centers. |
29 | (x) Wellness and preventive health programs. |
30 | (13) In cooperation with the Department of Public |
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1 | Welfare, and consistent with the authority of the Department |
2 | of Public Welfare as the single State agency responsible for |
3 | the Medical Assistance Program funded under Title XIX of the |
4 | Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.), |
5 | do all of the following: |
6 | (i) Develop and administer a system of assessment |
7 | for older adults and people with disabilities seeking or |
8 | requiring long-term living services under the Medical |
9 | Assistance Program using an instrument that provides |
10 | comparable data elements and at comparable intervals. |
11 | (ii) Develop and administer home and community-based |
12 | long-term living service programs for older adults and |
13 | people with disabilities who are assessed as being |
14 | clinically eligible for nursing facility care, including |
15 | residents of assisted living residences or for the care |
16 | provided by an intermediate care facility for persons |
17 | with other related conditions. |
18 | (iii) Administer those provisions of the act of June |
19 | 13, 1967 (P.L.31, No. 21), known as the Public Welfare |
20 | Code, which relate to long-term living services for older |
21 | adults and people with disabilities. |
22 | (14) Review all proposed Commonwealth program plans and |
23 | policies, and administrative regulations that are published |
24 | in the Pennsylvania Bulletin for their impact on older adults |
25 | and people with disabilities. If the secretary believes that |
26 | they have an impact on such persons, the secretary may |
27 | comment in accordance with the provisions of the act of July |
28 | 31, 1968 (P.L.769, No.240), referred to as the Commonwealth |
29 | Documents Law. |
30 | (15) Promulgate rules and regulations necessary to |
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1 | perform the duties required of the department under this act. |
2 | (16) At the option of the secretary, to administer the |
3 | provisions of the former act of January 22, 1968 (P.L.42, |
4 | No.8), known as the Pennsylvania Urban Mass Transportation |
5 | Assistance Law of 1967, which relate to special transit |
6 | programs for older adults. The secretary shall confer with |
7 | the Department of Transportation in order to ensure that the |
8 | regulations promulgated by the department do not conflict |
9 | with those promulgated by the Department of Transportation. |
10 | (17) Review the activities of regulatory agencies of the |
11 | Commonwealth which affect the full and fair utilization of |
12 | State and community resources for programs and benefits for |
13 | older adults and people with disabilities and initiate |
14 | programs which will help assure such utilization. |
15 | (18) Conduct, in cooperation with the Department of |
16 | Health and the Department of Public Welfare, periodic studies |
17 | and evaluations pertaining to the quality of care and related |
18 | services for consumers of long-term living services and |
19 | report the findings to the General Assembly. |
20 | (19) Conduct, in cooperation with the Department of |
21 | Health, an ongoing Statewide prescription drug education |
22 | program designed to inform older adults of the dangers of |
23 | prescription drug abuse and misuse. |
24 | (20) Collaborate with the Department of Community and |
25 | Economic Development and the Pennsylvania Housing Finance |
26 | Agency in the location, design, management of and services |
27 | for accessible and affordable housing built for older adults |
28 | and people with disabilities and upon request, provide |
29 | technical assistance to local housing authorities, nonprofit |
30 | housing and community groups, redevelopment authorities and |
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1 | other groups with a special emphasis on programs related to |
2 | utility costs, rehabilitation and maintenance of the homes of |
3 | those persons. |
4 | (21) Review and comment on all rules, regulations, |
5 | eligibility or payment standards issued by the Department of |
6 | Public Welfare, the Department of Health, the Department of |
7 | Environmental Protection or the Department of Labor and |
8 | Industry relating to the licensure and regulation of nursing |
9 | facilities and hospitals; medical assistance, supplemental |
10 | security income; home support, home care, hospice and home |
11 | health care. |
12 | (22) Review and comment on rules, regulations, |
13 | eligibility standards or contract provisions issued by the |
14 | Department of Revenue and the Department of Transportation |
15 | relating to activities financed in whole or in part by the |
16 | Pennsylvania Lottery. |
17 | (23) Review and comment on rules, regulations, |
18 | eligibility standards or contract provisions issued by the |
19 | Department of Transportation relating to specialized |
20 | transportation needs of older adults and people with |
21 | disabilities in rural and urban areas. |
22 | (24) In coordination with the area agencies, centers for |
23 | independent living, support organizations and the council, |
24 | develop and conduct research, demonstration programs and |
25 | training programs to advance the interests and identify the |
26 | care and service needs of older adults and people with |
27 | disabilities. |
28 | (25) Serve as an advocate for older adults at all levels |
29 | of government and provide consultation and assistance to the |
30 | area agencies, service providers, communities and civic |
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1 | groups developing local services for older adults. |
2 | (25.1) Advance the interests of people with disabilities |
3 | at all levels of government and provide consultation to |
4 | service providers, support organizations and other groups |
5 | developing services and support for people with disabilities. |
6 | (26) Maintain a clearinghouse of information related to |
7 | the interests of older adults and people with disabilities |
8 | and provide technical assistance and consultation to all |
9 | agencies, both public and private with respect to programs |
10 | and services for those persons. |
11 | (27) Promote, utilizing wherever possible the area |
12 | agencies, centers for independent living and support |
13 | organizations, community education regarding the problems of |
14 | older adults and people with disabilities through institutes, |
15 | publications and use of communications media. |
16 | (28) Under the Older Americans Act of 1965, to: |
17 | (i) Evaluate the need for services for older adults |
18 | within this Commonwealth and determine the extent to |
19 | which public and private programs meet such a need with |
20 | special emphasis on the needs and participation of the |
21 | minority elderly. |
22 | (ii) Provide for services to older adults that |
23 | promote lives of independence, dignity, integration and |
24 | involvement through area agencies and other appropriate |
25 | agencies, organizations and institutions authorized in |
26 | accordance with the Older Americans Act of 1965, related |
27 | Federal acts and applicable State law and to stimulate |
28 | services and opportunities for older adults which are not |
29 | otherwise available. |
30 | (iii) Function as the sole State agency to receive |
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1 | and disburse Federal funds under the Older Americans Act |
2 | of 1965 and State funds made available for providing |
3 | services to older adults. |
4 | (iv) Develop and administer the State plan for the |
5 | aging required by Federal law. |
6 | (v) Promote and support programs, studies and |
7 | policies, in cooperation with other government agencies, |
8 | which will enhance the opportunity for continued work, |
9 | education and training for older adults. |
10 | (vi) Promote, through the use of area agencies and |
11 | direct grants, contracts and technical assistance, the |
12 | development of community senior centers, service |
13 | organizations, clubs, associations and organizations |
14 | dedicated to the rights and needs of older adults when |
15 | these are not in conflict with State or area plans for |
16 | the aging. |
17 | (vii) Establish and administer a State Long-Term |
18 | Care Ombudsman Program, including providing resources to |
19 | area agencies or other contractors to investigate and |
20 | resolve complaints related to the health, safety or |
21 | rights of older adults who are consumers of long-term |
22 | living services and prepare and submit to the General |
23 | Assembly an annual report containing data and findings |
24 | regarding the types of problems experienced and |
25 | complaints investigated. |
26 | (c) Preference.--In filling vacancies authorized to the |
27 | department, the secretary shall assure that preference is given |
28 | to people with disabilities and older adults. |
29 | Section 5. Council on Aging and Long-Term Living. |
30 | (a) Establishment.-- |
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1 | (1) There is established in the Office of the Governor |
2 | the Council on Aging and Long-Term Living, which shall |
3 | consist of 36 persons, be comprised of the Sub-Council on |
4 | Aging and the Sub-Council on Long-Term Living and include the |
5 | chairpersons of the regional councils on aging and long-term |
6 | living, as described under subsection (f)(7). |
7 | (2) There shall be a chair of the Sub-Council on Aging |
8 | and a chair of the Sub-Council on Long-Term Living, which |
9 | shall serve as cochairs of the council. |
10 | (3) The Sub-Council on Aging shall consist of 18 |
11 | persons, inclusive of the Sub-Council Chair, comprised as |
12 | follows: |
13 | (i) at least five members who are older adults, with |
14 | at least one older adult who receives services through |
15 | the department; |
16 | (ii) no more than five members who are employed by, |
17 | have a financial interest in or are associated with an |
18 | entity that provides services to older adults or an |
19 | organization that represents such providers; |
20 | (iii) no more than five individuals who are |
21 | associated with an organization that advocates for older |
22 | adults; and |
23 | (iv) other individuals selected by the secretary who |
24 | may include academic and other professionals with |
25 | expertise in the field of aging or caregivers for older |
26 | adults. |
27 | (4) The Sub-Council on Long-Term Living shall consist of |
28 | 18 persons, inclusive of the Sub-Council Chair, comprised as |
29 | follows: |
30 | (i) at least five people with disabilities who are |
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1 | not employed by or have a financial interest in an |
2 | organization that provides services to people with |
3 | disabilities; |
4 | (ii) no more than five members who are employed by |
5 | or associated with an organization that provides services |
6 | to people with disabilities or represents such providers; |
7 | (iii) no more than five individuals who are |
8 | associated with an organization that advocates for people |
9 | with disabilities; and |
10 | (iv) other individuals selected by the secretary who |
11 | may include academic and other professionals with |
12 | expertise relating to disabilities or caregivers for |
13 | people with disabilities. |
14 | (5) Nineteen members of the council shall constitute a |
15 | quorum. |
16 | (6) Absence of a member at three consecutive meetings |
17 | shall result in the member forfeiting the seat, unless the |
18 | member requests in writing and receives approval from the |
19 | appropriate cochair for the absence. |
20 | (b) Nomination and terms.--The members of the council shall |
21 | be nominated by the Governor, subject to the consent of a |
22 | majority of the members elected to the Senate, and shall |
23 | represent, as far as possible, the geographic and cultural |
24 | diversity of this Commonwealth. The members shall serve |
25 | staggered three-year terms and shall serve until their |
26 | successors are appointed and qualified. Members shall be |
27 | eligible for reappointment. |
28 | (c) Organization.--The council shall provide for its |
29 | organization and procedure including the selection of the |
30 | cochairs and other officers as deemed necessary. |
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1 | (d) Compensation.--The members of the council shall receive |
2 | no compensation for their services on the council but shall be |
3 | reimbursed by the department, in accordance with regulations, |
4 | for any ordinary and necessary expenses incurred in the |
5 | performance of their duties. |
6 | (e) Meetings.--The council shall meet at least four times |
7 | per year to review and comment upon all reports of the |
8 | department to the Governor and the General Assembly and conduct |
9 | other council business. The cochairs may schedule meetings of |
10 | the sub-councils in addition to or in conjunction with the |
11 | council meetings. |
12 | (f) Powers and duties.--The council shall have the following |
13 | powers and duties: |
14 | (1) To review and comment on rules and regulations |
15 | promulgated by the department. |
16 | (2) To prepare and submit to the Governor, the General |
17 | Assembly and the secretary, public reports evaluating the |
18 | level and quality of services and programs provided to older |
19 | adults and people with disabilities by Commonwealth agencies |
20 | together with recommendations for improved, expanded or |
21 | additional programs and services for older adults and people |
22 | with disabilities, including recommendations for community |
23 | integration improving cultural sensitivity within these |
24 | programs and services. |
25 | (3) To carry out public hearings on matters affecting |
26 | the rights and interests of older adults and people with |
27 | disabilities, including matters involving cases of neglect, |
28 | abuse and age discrimination against older adults and people |
29 | with disabilities in the administration of the laws of this |
30 | Commonwealth and its political subdivisions. |
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1 | (4) To carry out studies about major issues affecting |
2 | older adults and people with disabilities and to report to |
3 | the Governor, the General Assembly, the secretary and the |
4 | public its findings and recommendations in regard to |
5 | appropriate action and a long-term strategy for addressing |
6 | these issues. |
7 | (5) To assist the department in the preparation of the |
8 | State plan on aging. |
9 | (6) To consult with the secretary regarding the |
10 | operations of the department. |
11 | (7) To establish no more than five regional councils on |
12 | aging and long-term living consisting of 15 citizen members, |
13 | with the composition, members' terms of offices, organization |
14 | and duties and responsibilities determined by the council. |
15 | (8) To employ, with funds as are annually appropriated |
16 | by the General Assembly, sufficient staff and services to |
17 | carry out these duties and powers as well as the duties and |
18 | powers of the regional councils. |
19 | Section 6. Area agencies. |
20 | (a) Planning and service area.--Planning and service areas |
21 | in existence on the effective date of this section may only be |
22 | changed by order of the secretary under provisions set forth by |
23 | the department for combining or dividing geographical areas to |
24 | bring about more effective and efficient planning and service |
25 | delivery. |
26 | (b) Designated area agencies.-- |
27 | (1) For each planning and service area there shall be an |
28 | area agency designated by the department in accordance with |
29 | the Older Americans Act of 1965, to serve as a focal point in |
30 | the community for the coordination of services for older |
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1 | adults and for the issues and concerns of aging. |
2 | (2) An area agency designated under paragraph (1) shall |
3 | be one of the following: |
4 | (i) An established office of aging. |
5 | (ii) An office or agency of the unit of general |
6 | purpose local government which is designated for the |
7 | purpose under paragraph (1) by the chief elected |
8 | officials of the unit of general purpose local |
9 | government. |
10 | (iii) An office or agency designated by the chief |
11 | elected officials of a combination of units of general |
12 | purpose local government to act on behalf of that |
13 | combination for the purpose under paragraph (1). |
14 | (iv) A public or nonprofit private agency in a |
15 | planning and service area which is under the supervision |
16 | or direction, for the purpose under paragraph (1), of the |
17 | designated State agency and which can engage in the |
18 | planning or provision of a broad range of social services |
19 | within the planning and service area and must provide |
20 | assurance, found adequate by the department, that it will |
21 | have the ability to develop and administer an area plan. |
22 | (3) The secretary may redesignate or designate new area |
23 | agencies based on established regulations. The regulations |
24 | shall include criteria of efficiencies, appropriateness and |
25 | equity and shall provide for public hearings on redesignation |
26 | conducted in the affected planning and service areas. Any |
27 | determinations of redesignation shall be executed not less |
28 | than 100 days prior to the beginning of the fiscal year of |
29 | the local authority. A designation or redesignation may |
30 | occur: |
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1 | (i) if changes are made in established planning and |
2 | service area boundaries; |
3 | (ii) if a currently designated area agency is unable |
4 | or unwilling to continue as the area agency; |
5 | (iii) if removal of an area agency designation is |
6 | requested by the local authority with cause shown; or |
7 | (iv) if the department determines that a currently |
8 | designated area agency is incapable of carrying out its |
9 | approved area plan. |
10 | (4) The removal of an area agency designation and the |
11 | designation of a new area agency shall be carried out under |
12 | regulations promulgated by the department and consistent with |
13 | the Older Americans Act of 1965. |
14 | (5) For the purpose of this subsection, the term "local |
15 | authority" shall mean county commissioners or county council. |
16 | (c) Powers and duties.-- |
17 | (1) The area agency shall have the authority to act as |
18 | an advocate at all levels of government and within the |
19 | community at large for the interests of older adults within |
20 | the planning and service area. It shall develop a |
21 | comprehensive area plan to coordinate services for older |
22 | adults within its planning and service area. The area plan |
23 | shall make provision for all of the following: |
24 | (i) Information and referral and advocacy programs. |
25 | (ii) Service coordination or case management of |
26 | services, including protective services and long-term |
27 | living services. |
28 | (iii) Transportation services. |
29 | (iv) Legal counseling and representation. |
30 | (v) In-home services that recognize consumer choice, |
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1 | including personal assistance and supportive services, |
2 | which shall include consumer-directed services. |
3 | (vi) Assistance to secure adequate housing and |
4 | health services. |
5 | (vii) Other services required by Federal law and |
6 | services and activities designated by the department or |
7 | identified as critical needs by the area agency and the |
8 | area agency advisory board. The State plan on aging and |
9 | grants and contracts provided by the department shall |
10 | reasonably accommodate locally designated priorities and |
11 | critical needs. |
12 | (viii) The establishment of an affiliated network of |
13 | community senior centers. |
14 | (ix) Congregate and home-delivered meals. |
15 | (x) Information and programs about wellness and |
16 | prevention, including management of chronic disease. |
17 | (2) The area agency shall be responsible for working |
18 | toward the development, in cooperation with State and local |
19 | organizations and agencies, of a continuum of community-based |
20 | service and housing options for older adults designed to |
21 | maintain them in the community and avoid or delay |
22 | institutional care when clinically appropriate. System |
23 | development activities shall include coordinating area plans |
24 | for the provision, expansion and effective administration of: |
25 | (i) In-home services that recognize consumer choice, |
26 | including personal assistance and supportive services, |
27 | which shall include consumer-directed services. |
28 | (ii) Housing options such as service-enriched |
29 | housing, personal care homes and assisted living |
30 | residences. |
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1 | (iii) Special supports to caregivers who care for |
2 | older adults. |
3 | (iv) Adult daily living services, respite services |
4 | and other community-based services to support caregivers. |
5 | (v) The promotion of informal community supports. |
6 | (vi) Assessment programs. |
7 | (vii) Counseling programs to assist individuals in |
8 | determining the most appropriate long-term living |
9 | services. |
10 | (viii) Special services to protect the health, |
11 | safety and welfare of older adults who lack the capacity |
12 | to protect themselves. |
13 | (ix) Special advocacy efforts to promote greater |
14 | awareness of Alzheimer’s disease and other related |
15 | dementia. To the extent that the needs of other adults |
16 | affected by Alzheimer's disease and other related |
17 | dementia involve and overlap the needs of older adults |
18 | addressed under this subparagraph, the area agency shall |
19 | serve as an advocate for affected adults of any age. |
20 | (3) The area agency shall give priority of services to |
21 | older adults with the greatest social need and greatest |
22 | economic need. |
23 | (4) In filling employment vacancies, the area agency |
24 | shall assure that preference is given to older adults. |
25 | (5) Consistent with the Older Americans Act of 1965 and |
26 | provisions set forth by the department, the area agency may |
27 | grant to or contract with any public or private agency for |
28 | the provision of social services. The area agency is |
29 | authorized to use, with their consent, the services, |
30 | equipment, personnel and facilities of Federal and State |
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1 | agencies, with or without reimbursement and on a similar |
2 | basis, to cooperate with other public and private agencies, |
3 | and instrumentalities in the use of services, equipment and |
4 | facilities. |
5 | (d) Advisory councils.--In each planning and service area, |
6 | an advisory council of at least 15 members shall be appointed to |
7 | advise the area agency with regard to the needs of older adults |
8 | residing in the planning and service area and the area agency’s |
9 | responses to those needs. The composition and responsibility of |
10 | the area agency advisory council shall be consistent with the |
11 | provisions of the Older Americans Act of 1965 and the |
12 | regulations of the department. The regulations shall require |
13 | that each advisory council be composed of a majority of older |
14 | adults. Advisory councils shall be given the maximum possible |
15 | opportunity to influence local programs and policies and |
16 | advocacy roles within area agency programs and local |
17 | communities. Area agencies shall provide advisory councils with |
18 | the funds necessary to carry out their functions. |
19 | (e) Reports and plans.-- |
20 | (1) Under provisions set forth by the department, the |
21 | area agency shall submit to the department a comprehensive |
22 | area plan which clearly explains the area agency’s objectives |
23 | for providing services to the older adults of the planning |
24 | and service area. The plan may be submitted as part of a |
25 | coordinated county human service plan if the format is |
26 | approved by the department. |
27 | (2) Area plans shall be subject to approval by the |
28 | department based on the area agency's demonstration of |
29 | compliance with the Older Americans Act of 1965 and other |
30 | applicable law, provision of services in a manner that |
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1 | advances the goal of consistency among the planning and |
2 | service areas of the Commonwealth, and other relevant factors |
3 | to be determined by the secretary. |
4 | (3) Each area agency, under provisions set forth by the |
5 | department, shall submit an annual report which describes and |
6 | evaluates its programs and services after the close of each |
7 | year of funding by the department. |
8 | (f) Allocation of resources.-- |
9 | (1) The area agency shall receive a basic allocation of |
10 | resources, consisting of Federal and State funds weighted by |
11 | the proportion of poor older adults who reside in the |
12 | planning and service area in relation to the total number of |
13 | poor older adults who reside in this Commonwealth utilizing |
14 | poverty threshold income standards as determined by the |
15 | United States Office of Management and Budget. |
16 | (2) The department may allocate additional resources to |
17 | area agencies based upon the total number of older adults who |
18 | reside within the planning and service area, the availability |
19 | of transportation services, the rural-urban distribution of |
20 | older adults, rural program cost differentials, the need for |
21 | social and medical services, the amount of funds devoted by |
22 | county commissioners for older adults and other special |
23 | circumstances as determined by the secretary. |
24 | (3) Funds appropriated to carry out the purposes of this |
25 | act shall be distributed to the area agencies as grants or |
26 | cost reimbursement for services to older adults, if there is |
27 | an acceptable plan in accordance with subsection (e). |
28 | (g) Evaluation.--The department shall continually review and |
29 | evaluate the activities of area agencies and the impact and |
30 | effectiveness of all programs under this act, which may include |
|
1 | an onsite evaluation. A written report of the findings of the |
2 | evaluation shall be submitted to the area agency subject to the |
3 | evaluation and within 30 days shall be available to the public. |
4 | In all evaluations, the department shall obtain the views of |
5 | program beneficiaries concerning strengths and weaknesses of the |
6 | program. Other departments and agencies of the Commonwealth |
7 | shall make available to the department information necessary for |
8 | the evaluations. The department shall annually submit to the |
9 | Governor and the General Assembly a report on its activities |
10 | including statistical data reflecting services and activities |
11 | provided older adults during the preceding fiscal year. |
12 | Section 7. Demonstration programs. |
13 | In recognition of the need for expanded knowledge and |
14 | experience concerning the status of older adults and people with |
15 | disabilities in this Commonwealth, the secretary may provide for |
16 | research and demonstration programs for the following purposes: |
17 | (1) Studying current living conditions and needs with |
18 | special emphasis on persons with low income, medical and |
19 | functional disabilities, advanced age and isolated living |
20 | situations. |
21 | (2) Studying existing methods and alternatives for |
22 | providing services, programs and opportunities. |
23 | (3) Identifying those factors of particular detriment or |
24 | benefit to the welfare of older adults and people with |
25 | disabilities. |
26 | (4) Developing new approaches and alternatives for |
27 | living arrangements, social services, institutional care, |
28 | health services, legal representation and the coordination of |
29 | community services. |
30 | Section 8. Reorganization. |
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1 | (a) Employees.-- |
2 | (1) All Department of Public Welfare personnel employed |
3 | by the Office of Long-Term Living and the allocations, |
4 | appropriations, equipment, files, records, contracts, |
5 | agreements, obligations and other materials which are used or |
6 | expended by the Department of Public Welfare exclusively in |
7 | connection with the powers, duties or functions exercised by |
8 | the Office of Long-Term Living are transferred to the |
9 | department with the same force and effect as if the |
10 | appropriations had been made to and the items had been the |
11 | property of the Department of Aging and Long-Term Living and |
12 | as if the contracts, agreements and obligations had been |
13 | incurred or entered into by the department. |
14 | (2) All Department of Public Welfare personnel involved |
15 | with the licensure and regulation of personal care homes and |
16 | the allocations, appropriations, equipment, files, records, |
17 | contracts, agreements, obligations and other materials which |
18 | are used or expended by the Department of Public Welfare |
19 | exclusively in connection with the licensure and regulation |
20 | of personal care homes are transferred to the department upon |
21 | the effective date of this subsection. |
22 | (b) Contracts and obligations.--The reorganization of the |
23 | Department of Aging as the department shall not affect the |
24 | status of any contract, agreement or obligation entered into by |
25 | the Department of Aging. |
26 | (c) Civil service.--All positions in the department shall be |
27 | deemed to be included in the list of positions under section |
28 | 3(d) of the act of August 5, 1941 (P.L.752, No.286), known as |
29 | the Civil Service Act, and the provisions and benefits of the |
30 | act shall be applicable to the employees of and positions in the |
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1 | department. |
2 | (d) Personnel.--All personnel transferred to the department |
3 | from the Department of Public Welfare under this act shall |
4 | retain any civil service or other employment status assigned to |
5 | the personnel in those departments and agencies prior to the |
6 | effective date of this section. |
7 | (e) References.--A reference in a statute or regulation to |
8 | the Department of Aging shall mean a reference to the |
9 | department. A reference in a statute or regulation to the |
10 | Secretary of Aging shall mean a reference to the secretary. |
11 | (f) Secretary of Aging.--The Secretary of Aging shall become |
12 | the secretary on the effective date of this section. Programs |
13 | and activities authorized under this act shall not commence |
14 | before that date, except that the secretary and adequate staff, |
15 | to be supported from the affected authorizations, shall |
16 | immediately commence transitional and budgetary activities. |
17 | Section 9. Lottery Fund. |
18 | The department shall not expend Lottery funds for the |
19 | administration and provision of programs being transferred by |
20 | this act from the Department of Public Welfare to provide |
21 | services for people with disabilities who are under the age of |
22 | 60. |
23 | Section 10. Intergovernmental cooperation agreements. |
24 | Unless specifically authorized by the General Assembly, the |
25 | department shall not enter into any intergovernmental |
26 | cooperation agreements with local governments that would |
27 | necessitate or result in imposing the terms upon any local |
28 | government not a party to the agreement. |
29 | Section 19. Repeals. |
30 | Repeals are as follows: |
|
1 | (1) The General Assembly declares that the repeals under |
2 | paragraphs (2) and (3) are necessary to effectuate the |
3 | purposes of this act. |
4 | (2) The provisions of the act of June 13, 1967 (P.L.31, |
5 | No.21), known as the Public Welfare Code, are repealed to the |
6 | extent that they are inconsistent with this act. |
7 | (3) Article XXII-A of the act of April 9, 1929 (P.L.177, |
8 | No.175), known as The Administrative Code of 1929, is |
9 | repealed. |
10 | (4) All other acts and parts of acts are repealed |
11 | insofar as they are inconsistent with this act. |
12 | Section 20. Effective date. |
13 | This act shall take effect as follows: |
14 | (1) Sections 4(b)(9.1) and 8(a)(2) shall take effect |
15 | upon adoption of final regulations regarding assisted living |
16 | residences pursuant to the act of July 25, 2007 (P.L.402, |
17 | No.56) and publication of the regulations by the Department |
18 | of Public Welfare in the Pennsylvania Bulletin. |
19 | (2) The remainder of this act shall take effect July 1, |
20 | 2009, or immediately, whichever is later. |
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