Bill Text: PA HB210 | 2011-2012 | Regular Session | Amended

---

Bill Title: Further providing for intent, for definitions, for caregiver support program, for reimbursements and for entitlement not created.

Spectrum: Slight Partisan Bill (Republican 32-19)

Status: (Passed) 2011-12-22 - Act No. 112 [HB210 Detail]

Download: Pennsylvania-2011-HB210-Amended.html

---

PRIOR PRINTER'S NOS. 161, 533 PRINTER'S NO. 2503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 210 Session of2011
INTRODUCED BY BAKER, GINGRICH, MICOZZIE, CAUSER, CALTAGIRONE, CARROLL, CLYMER, CONKLIN, D. COSTA, J. EVANS, FRANKEL, GEIST, GEORGE, GOODMAN, GROVE, HARKINS, HARRIS, HENNESSEY, HORNAMAN, HUTCHINSON, JOSEPHS, KAUFFMAN, M. K. KELLER, KORTZ, LONGIETTI, MAJOR, MILLER, MUNDY, D. O'BRIEN, O'NEILL, PICKETT, RAPP, READSHAW, REICHLEY, SCAVELLO, K. SMITH, VULAKOVICH, WATSON, HESS, MURT, GILLEN, GIBBONS, BROOKS, BISHOP, FLECK, MARSHALL, FARRY, BEAR, MOUL, DePASQUALE AND CURRY, JANUARY 25, 2011
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 4, 2011
AN ACT
Amending the act of December 19, 1990 (P.L.1234, No.204),
entitled "An act establishing a program to assist persons who
bear primary responsibility for the at-home care of
functionally dependent older adults and victims of chronic
dementia," further providing for intent, for definitions, for
caregiver support program, for reimbursements and for
entitlement not created.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 2, 3, 4, 5 and 6 of the act of
December 19, 1990 (P.L.1234, No.204), known as the Family
Caregiver Support Act, are amended to read:
Section 1. Short title.
This act shall be known and may be cited as the [Family]
Pennsylvania Caregiver Support Act.
Section 2. Intent.
It is the intent of this act to ease the strain of caregiving
and to assist [relatives] adult family members and other
individuals who bear primary responsibility for the at-home care
of functionally dependent older adults and other adults who are
victims of chronic dementia by providing resources for services
such as the following:
(1) Assistance to the primary caregiver to assure that
supports to the [functionally dependent older adult or adult
suffering from a chronic dementia] care receiver are adequate
and appropriate to maintain these individuals in the home.
(2) Intermittent, planned or emergency relief to the
primary caregiver.
(3) Restoration or maintenance of the primary
caregiver's well-being.
(4) Preservation of the primary caregiver's informal
supports such as family and friends.
(5) Supportive social services to the primary caregiver.
(6) Affordable services through a cost-sharing mechanism
developed by the department for those families whose
household incomes do not exceed 380% of the [poverty level]
Federal poverty guidelines.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
["Adult." A person 18 years of age or older residing within
this Commonwealth who is suffering from a chronic dementia such
as Alzheimer's disease.]
"Adult with chronic dementia." A person 18 years of age or
older residing within this Commonwealth who has an irreversible
20110HB0210PN2503 - 2 -
global loss of cognitive function causing evident intellectual
impairment which always includes memory loss, without alteration
of state of consciousness as diagnosed by a physician and is
severe enough to interfere with work or social activities, or
both, and to require continuous care or supervision.
"Area agency on aging." The single local agency designated
by the department within each planning and service area to
administer the delivery of a comprehensive and coordinated plan
of social and other services and activities in the planning and
service area.
"Care receiver." A functionally dependent older adult or
other adult with chronic dementia who is being cared for by a
primary caregiver.
["Chronic dementia." An irreversible global loss of
cognitive function causing evident intellectual impairment which
always includes memory loss, without alteration of state of
consciousness as diagnosed by a physician and is severe enough
to interfere with work or social activities, or both and to
require continuous care or supervision.]
"Department." The Department of Aging of the Commonwealth.
"Federal poverty guidelines." The poverty guidelines updated
periodically in the Federal Register by the Department of Health
and Human Services under the authority of section 673 of the
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 42
U.S.C. § 9902(2)).
"Functionally dependent older adult." A person 60 years of
age or older residing within this Commonwealth who, because of
his or her inability to perform tasks required for daily living
as defined through regulation and as assessed by the area agency
on aging, needs continuous care or supervision.
20110HB0210PN2503 - 3 -
"Home modification." Reasonable modifications to the
structure of a home for the purpose of reducing the caregiving
burden of the primary caregiver, as approved by the department.
Modifications do not include repairs, and payment for such
repairs is prohibited.
"Household income." The income of all members of the
household with the exception of a minor or dependent student.
"Income." All income, from whatever source derived,
including, but not limited to, wages, salaries, Social Security
or railroad retirement income, public assistance income,
realized capital gains and workmen's compensation. The
department shall determine income amounts and inclusions for
purposes of this act through regulation.
"Primary caregiver." The one identified [relative] adult
family member or other individual who has assumed the primary
responsibility for the provision of care needed to maintain the
physical or mental health of a [functionally dependent older
adult or other adult suffering from chronic dementia, who lives
in the same residence with such individual on a continuous basis
and] care receiver and who does not receive financial
compensation for the care provided. A substantiated case of
abuse, neglect, exploitation, abandonment as defined in the act
of November 6, 1987 (P.L.381, No.79), known as the Older Adults
Protective Services Act, or pursuant to any other civil or
criminal statute regarding an older adult, shall prohibit a
primary caregiver from receiving benefits under this act unless
authorized by the department to prevent further abuse.
["Relative." A spouse or parent, child, stepparent,
stepchild, grandparent, grandchild, brother, sister, half-
brother, half-sister, aunt, great aunt, uncle, great uncle,
20110HB0210PN2503 - 4 -
niece, nephew, by blood, marriage or adoption.]
"Respite care service." A regular, intermittent or emergency
service which provides the primary caregiver of a [functionally
dependent older adult or other adult suffering from a chronic
dementia] care receiver with relief from normal caregiving
duties and responsibilities.
Section 4. [Caregiver] Primary caregiver support program.
(a) Description.--The persons to be served under this act
are unpaid, primary[, unpaid] caregivers who [live with and]
provide continuous care to a [functionally dependent older adult
or other adult suffering from a chronic dementia such as
Alzheimer's disease] care receiver.
(b) Authority.--
(1) The department shall develop operating procedures
and guidelines and shall contract with area agencies on aging
to provide the benefits set forth in this act.
(2) The department shall have the authority to develop
criteria through regulation relating to eligibility for
primary caregivers to receive assistance pursuant to this
act.
(3) After all eligibility criteria have been met, the
department shall give priority in awarding assistance paid
for by the State Lottery Fund to primary caregivers who
provide care for a functionally dependent older adult and an
adult 60 years of age or older with chronic dementia, such as
Alzheimer's disease.
(c) Supportive services.--The department shall identify by
regulation supportive services which are directly related to the
provision of care to the [functionally dependent older adult or
other adult suffering from chronic dementia] care receiver.
20110HB0210PN2503 - 5 -
Supportive services include, but are not limited to:
(1) Benefits counseling and primary caregiver
counseling, education and training.
(2) Reimbursement to primary caregivers whose care
receivers' households financially qualify for assistance
[pursuant to] under section 5 and as set forth through
regulation for expenses incurred in obtaining day or night
respite care services, transportation to respite care service
locations or other supportive services defined by regulation,
and consumable supplies such as incontinence pads.
(3) Reimbursement to primary caregivers whose care
receivers' households financially qualify for assistance
[pursuant to] under section 5 and as developed through
regulation for expenses incurred in obtaining home
modifications or assistive devices as approved by the
department which help the [functionally dependent older adult
or adult suffering from chronic dementia] care receiver to
carry out tasks required for daily living such as grab bars,
safety devices and wheelchair ramps.
Section 5. Reimbursements.
(a) General rule.--The department through contracts with
area agencies on aging shall provide the services described [in]
under section 4(c)(1) and shall reimburse qualified primary
caregivers for purchase of approved services described [in]
under section 4(c)(2) and (3).
(b) Maximum amounts.--
(1) The maximum amount available to a qualified primary
caregiver whose care receivers' household income is under
200% of [poverty level] the Federal poverty guidelines shall
be established by regulation, but shall not exceed [$200] <--
20110HB0210PN2503 - 6 -
$600 per month, for out-of-pocket expenses incurred for
services described [in] under section 4(c)(2)[.] subject to <--
the following:
(i) Except as otherwise provided under subparagraph
(ii), in individual cases where there is a demonstrated
need, the maximum amount available to a qualified primary
caregiver may exceed $200 but shall not be more than
$500. The need must be specifically documented in the
care receiver's care plan.
(ii) Reimbursement under subparagraph (i) shall be
limited to $200 if an Area Agency on Aging's average
monthly reimbursement exceeds $300 across its entire <--
caregiver support program caseload.
(2) The maximum amount available to a qualified primary
caregiver whose care receivers' household income is under
200% of [poverty level] the Federal poverty guidelines shall
be established by regulation, but shall not exceed [$2,000] <--
$6,000 for the entire duration of the case, for expenses
incurred for home modifications or assistive devices as
described [in] under section 4(c)(3).
(c) Scale of benefits.--A sliding benefits scale shall be
established by the department by regulation to ensure that
primary caregivers [who] whose care receivers qualify under this
act and whose household [income exceeds 200% of poverty level]
incomes exceed 200% of the Federal poverty guidelines shall pay
some portion of the out-of-pocket expenses for services
described [in] under section 4(c). In no event will primary
caregivers whose care receivers' household [incomes exceeds 380%
of the poverty level] incomes exceed 380% of the Federal poverty
guidelines be considered eligible for benefits under this act.
20110HB0210PN2503 - 7 -
Section 6. Entitlement not created.
Nothing in this act creates or provides any individual with
an entitlement to services or benefits. [It is the intent of the
General Assembly that services] Services under this act shall be
made available only to the extent of the availability and level
of appropriations made by the General Assembly.
Section 2. This act shall take effect in 60 days.
20110HB0210PN2503 - 8 -