| |
| PRIOR PRINTER'S NO. 3101 | PRINTER'S NO. 3889 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY CURRY, GEORGE, MANN, MUNDY, STABACK AND STURLA, FEBRUARY 14, 2012 |
| |
| |
| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of November 6, 1987 (P.L.381, No.79), entitled |
2 | "An act relating to the protection of the abused, neglected, |
3 | exploited or abandoned elderly; establishing a uniform |
4 | Statewide reporting and investigative system for suspected |
5 | abuse, neglect, exploitation or abandonment of the elderly; |
6 | providing protective services; providing for funding; and |
7 | making repeals," further defining "facility"; defining |
8 | "chronic dementia" and "cognitive impairment"; and providing |
9 | for certain disclosures to facility residents. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The definition of "facility" in section 103 of |
13 | the act of November 6, 1987 (P.L.381, No.79), known as the Older |
14 | Adults Protective Services Act, amended December 18, 1996 |
15 | (P.L.1125, No.169), is amended and the section is amended by |
16 | adding definitions to read: |
17 | Section 103. Definitions. |
18 | The following words and phrases when used in this act shall |
19 | have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | * * * |
|
1 | "Chronic dementia." An irreversible global loss of cognitive |
2 | function causing evident intellectual impairment which always |
3 | includes memory loss, without alteration of state of |
4 | consciousness as diagnosed by a physician and is severe enough |
5 | to interfere with work or social activities, or both, and to |
6 | require continuous care or supervision. |
7 | * * * |
8 | "Cognitive impairment." A mental or emotional condition or |
9 | disorder that substantially affects a person's ability to |
10 | reason, understand and make decisions. |
11 | * * * |
12 | "Facility." Any of the following: |
13 | (1) A domiciliary care home as defined in section 2202-A |
14 | of the act of April 9, 1929 (P.L.177, No.175), known as The |
15 | Administrative Code of 1929. |
16 | (2) A home health care agency. |
17 | (3) A long-term care nursing facility as defined in |
18 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
19 | known as the Health Care Facilities Act. |
20 | (4) An older adult daily living center as defined in |
21 | section 2 of the act of July 11, 1990 (P.L.499, No.118), |
22 | known as the Older Adult Daily Living Centers Licensing Act. |
23 | (5) A personal care home as defined in section 1001 of |
24 | the act of June 13, 1967 (P.L.31, No.21), known as the Public |
25 | Welfare Code. |
26 | (6) An assisted living residence as defined in section |
27 | 1001 of the Public Welfare Code. |
28 | * * * |
29 | Section 2. The act is amended by adding a chapter to read: |
30 | CHAPTER 9 |
|
1 | DISCLOSURES |
2 | Section 901. Physician disclosure. |
3 | (a) Disclosure.--In any facility in which a physician holds |
4 | a financial or ownership interest and is the attending or |
5 | primary care physician for a resident or prospective resident of |
6 | the facility the physician shall disclose the interest to each |
7 | facility resident or prospective resident and responsible family |
8 | member or legal representative of the facility resident or |
9 | prospective resident. The following shall have the right to |
10 | choose the physician disclosing the interest or an independent |
11 | physician as the primary care physician of the facility resident |
12 | or prospective resident: |
13 | (1) the resident or prospective resident of the |
14 | facility; or |
15 | (2) the family member or legal representative of the |
16 | resident or prospective resident of the facility. |
17 | (b) Violation.--A physician who violates this section is |
18 | subject to disciplinary action under the act of October 5, 1978 |
19 | (P.L.1109, No.261), known as the Osteopathic Medical Practice |
20 | Act, or the act of December 20, 1985 (P.L.457, No.112), known as |
21 | the Medical Practice Act of 1985. |
22 | (c) Regulations.--The department shall promulgate rules and |
23 | regulations regarding oversight, compliance and enforcement |
24 | under this section, including cases where a facility resident or |
25 | prospective resident has a cognitive impairment or chronic |
26 | dementia and has no responsible family member or legal |
27 | representative. |
28 | (d) Definitions.--As used in this section, the following | <-- |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection unless the context clearly indicates otherwise: |
|
1 | "Facility." Any of the following: |
2 | (1) A domiciliary care home, as defined in section 2202- |
3 | A of the act of April 9, 1929 (P.L.177, No.175), known as The |
4 | Administrative Code of 1929. |
5 | (2) A home health care agency. |
6 | (3) A long-term care nursing facility, as defined in |
7 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
8 | known as the Health Care Facilities Act. |
9 | (4) An older adult daily living center, as defined in |
10 | section 2 of the act of July 11, 1990 (P.L.499, No.118), |
11 | known as the Older Adult Daily Living Centers Licensing Act. |
12 | (5) A personal care home, as defined in section 1001 of |
13 | the act of June 13, 1967 (P.L.31, No.21), known as the Public |
14 | Welfare Code. |
15 | (6) An assisted living residence, as defined in section |
16 | 1001 of the Public Welfare Code. |
17 | (7) A home care registry, as defined under section 802.1 |
18 | of the Health Care Facilities Act. |
19 | (8) A home care agency, as defined under section 802.1 |
20 | of the Health Care Facilities Act. |
21 | (9) A hospice, as defined under section 802.1 of the |
22 | Health Care Facilities Act. |
23 | Section 3. This act shall take effect in 60 days. |
|