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Assisted Living For years, Pennsylvania has considered the need to develop separate licensure and regulation of assisted living residences. In numerous prior legislative sessions, there have been bills proposing to license and regulation assisted living. This 2007-08 session there have been four Assisted Living Bills introduced in the Pennsylvania Legislature. Senator Vance's Assisted Living Bill – SB 704
Senate Bill 704 becomes law as Act 56 of 2007. Regulations process anticipated to begin in fall 2007.
Representative Mundy's Assisted Living Bill – HB 1583 Representative Watson's Assisted Living Bill – HB 375 Representative McIlvaine-Smith's Assisted Living Bill – HB 1213 Rendell Administration releases draft Assisted Living bill. Click here to view Administration's draft bill and click here to view Administration's statement of principles . This draft bill was prepared for Representative Mundy to introduce as HB 1583. Most consumer groups feel that assisted living must contain several key elements. The Consumer Subcommittee of the Medical Assistance Advisory Committee, for example, urged the Administration to ensure that the Mundy bill (which the Administration was drafting for Representative Mundy) contained at least the following critical elements:
- A separate controlled public funding stream must be dedicated and existing HCBS waiver programs must be protected.
- There must be sufficient, accessible, private living space and bedroom for all consumers, regardless of income and Access to assisted living.
- Privacy, dignity, self-direction, choice, independence, and autonomy in residency and services, including choice of services provider must be ensured.
- A complete list of unwaivable residents' rights must be articulated.
- A consumer's individual needs and preferences must be evaluated and frank discussion and service planning must take place as to how those needs and preferences will be met prior to a contract for residency in an Assisted Living Facility.
- All requirements and expectations must be fully, fairly, and understandably disclosed in writing prior to a contract for residency in an Assisted Living Facility.
- All facilities must meet the most current standards for safe construction and physical site design, no exceptions.
- Residents must not be forced expressly or by threat of discharge to sign negotiated risk agreements.
- An affirmative obligation to reasonably accommodate needs and preferences must be included.
- Licensure and enforcement tools must be articulated in statute and these must greatly exceed the inadequate array of tools currently operating in the personal care home enforcement activities.
- There must be articulated clear minimum standards for staff and administrator qualifications and initial training requirements that must be satisfied with demonstrated competency prior to independent work with residents as well as continuing education requirements, with no grandfathering.
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