PRINTER'S NO. 2124
No. 1526 Session of 2000
INTRODUCED BY MELLOW, BODACK, O'PAKE, STAPLETON, FUMO, MUSTO,
STOUT, TARTAGLIONE, BELAN, BOSCOLA, COSTA, HUGHES, KASUNIC,
KITCHEN, KUKOVICH, LAVALLE, SCHWARTZ, WAGNER, WILLIAMS AND
WOZNIAK, SEPTEMBER 25, 2000
REFERRED TO PUBLIC HEALTH AND WELFARE, SEPTEMBER 25, 2000
AN ACT
1 Providing for nursing home care wage pass-through; and making
2 appropriations.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Nursing Home
7 Care Wage Pass-through Act.
8 Section 2. Legislative declarations and findings.
9 The General Assembly finds and declares as follows:
10 (1) Long-term care providers are experiencing a problem
11 in staffing facilities that provide for long-term health care
12 needs.
13 (2) The staffing problem is focused in the area of
14 recruiting and retaining direct care workers, commonly known
15 as certified nurse aides (CNA). These direct care workers
16 provide the majority of front-line care to patients in long-
17 term care facilities, commonly known as nursing homes.
1 (3) It is estimated that the turnover rate for direct
2 care workers in long-term care facilities is more than 93%.
3 (4) Statistics have projected that with the advancement
4 of age of the "baby boomers," there will be a projected 38%
5 increase in positions that must be filled by long-term care
6 nursing facilities and personal care homes by the year 2005.
7 This equates to a need for an additional 16,000 full-time and
8 part-time employees to provide quality services.
9 (5) Approximately 73% of the current nursing home
10 population resident charges are provided through Medicaid or
11 Medicare, which are governed by cost controls.
12 (6) The payment systems do not provide for or recognize
13 the cost of providing care.
14 (7) In an economy that has a low unemployment rate and
15 increasing competition among employers, attracting and
16 retaining workers for long-term health care has been an
17 increasingly difficult task.
18 (8) Direct care workers are required to provide care to
19 an increasing number of residents without equitable
20 compensation in the form of wages or benefits.
21 (9) Such demands on direct care workers affect their
22 ability to provide quality care to the residents of long-term
23 care facilities.
24 (10) There is a need for a higher standard of quality
25 care to residents of nursing homes.
26 (11) Direct care workers need to be adequately
27 reimbursed for their services to our most needy residents of
28 this Commonwealth.
29 Section 3. Definitions.
30 The following words and phrases when used in this act shall
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1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Department." The Department of Public Welfare of the
4 Commonwealth.
5 "Direct care staff." As defined in section 1001 of the act
6 of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
7 Code. For purposes of this act, this term is limited to persons
8 that have completed their nurse aide training as required by
9 Federal law.
10 "Long-term care nursing facility." As referenced in section
11 103 of the act of July 19, 1979 (P.L.130, No.48), known as the
12 Health Care Facilities Act.
13 "Nurse aide." As defined in 28 Pa. Code § 201.3 (relating to
14 definitions).
15 "Secretary." The Secretary of Public Welfare of the
16 Commonwealth.
17 "Wage pass-through." An appropriation of funds which are
18 distributed by the Department of Public Welfare directly to the
19 nursing homes, to be used only for an increase in wages,
20 benefits or recruitment of direct care staff.
21 Section 4. Oversight and responsibility.
22 The department shall require that each long-term care nursing
23 facility shall provide written documentation of the use of the
24 funds appropriated under this act. If such funds were not
25 allocated within the provisions of this act, the facility shall
26 be required to return the funds to the department within a time
27 period specified by the secretary.
28 Section 5. Rules and regulations.
29 The department may promulgate rules and regulations to
30 implement the provisions of this act.
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1 Section 6. Appropriations.
2 (a) State.--The sum of $18,550,000, or as much thereof as
3 may be necessary, is hereby appropriated to the Department of
4 Public Welfare for the fiscal year July 1, 2000, to June 30,
5 2001, to carry out the provisions of this act.
6 (b) Federal.--The sum of $20,050,000, or as much thereof as
7 may be necessary, is hereby appropriated to the Department of
8 Public Welfare for the fiscal year July 1, 2000, to June 30,
9 2001, to carry out the provisions of this act.
10 Section 7. Effective date.
11 This act shall take effect in 60 days.
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