Bill Text: PA HB857 | 2009-2010 | Regular Session | Introduced

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Bill Title: Authorizing counties to establish county ombudsmen for senior housing; and providing for the powers and duties of ombudsmen and of senior housing residents.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-11 - Referred to AGING AND OLDER ADULT SERVICES [HB857 Detail]

Download: Pennsylvania-2009-HB857-Introduced.html

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PRINTER'S NO. 970
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 857 Session of2009
INTRODUCED BY REICHLEY, BARRAR, BEYER, CALTAGIRONE, D. COSTA, CREIGHTON, DALLY, DeLUCA, GEORGE, GINGRICH, GOODMAN, GROVE, GRUCELA, HARPER, HORNAMAN, W. KELLER, KILLION, KORTZ, MELIO, MOUL, MURT, PETRARCA, RAPP, READSHAW, SCAVELLO, SIPTROTH, SOLOBAY, STERN, VULAKOVICH, WATSON, YOUNGBLOOD, MICOZZIE AND QUINN, MARCH 11, 2009
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 11, 2009
AN ACT
Authorizing counties to establish county ombudsmen for senior
housing; and providing for the powers and duties of ombudsmen
and of senior housing residents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the County
Ombudsmen for Senior Housing Act.
Section 2. 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:
"Agency." The Pennsylvania Housing Finance Agency
established under the act of December 3, 1959 (P.L.1688,
No.621), known as the Housing Finance Agency Law.
"Area agency on aging." The single local agency designated
by the Department of Aging within each planning and service area
to administer the delivery of a comprehensive and coordinated
plan of social and other services and activities.
"County." A county of this Commonwealth, including a county
operating under a home rule charter or an optional plan of
government under 53 Pa.C.S. Subpt. E (relating to home rule and
optional plan government).
"Long-term care ombudsman." An agent of the Department of
Aging who, under section 2203-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
investigates and seeks to resolve complaints made by or on
behalf of older individuals or adults with disabilities who are
consumers of long-term care facilities, which complaints may
relate to action, inaction or decisions made which may adversely
affect the health, safety, welfare, interests, preferences or
rights of consumers.
"Ombudsman." A county ombudsman for senior housing residents
authorized by this act.
"Senior housing facility" or "facility." Any of the
following:
(1) A home that provides domiciliary care as defined in
section 2202-A of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
(2) A personal care home as defined in section 1001 of
the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
(3) A long-term care nursing facility as defined in
section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act.
(4) An older adult daily living center as defined in
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section 2 of the act of July 11, 1990 (P.L.499, No.118),
known as the Older Adult Daily Living Centers Licensing Act.
(5) A housing complex providing services to at least 25
residents that is dedicated primarily to serving individuals
who are at least 55 years of age.
"Senior housing resident" or "resident." A person who is at
least 55 years of age and resides in a senior housing facility.
Section 3. Establishment of senior housing ombudsman.
(a) Appointment.--The chief executive of a county may
appoint a county ombudsman for senior housing residents for any
senior housing facility in the county that provides services to
at least 25 residents.
(b) Prerequisite to appointment.--
(1) No person may be appointed as an ombudsman for a
senior housing facility under subsection (a) unless the
residents of that senior housing facility indicate by a
majority vote that they desire to have the chief executive of
the county appoint an ombudsman for the facility.
(2) The facility shall allow residents the opportunity
to conduct meetings for the purpose of discussing and taking
a vote to request that the chief executive of the county
appoint an ombudsman for the facility.
(c) Term.--A person appointed as an ombudsman shall serve a
term of two years.
(d) Compensation and reimbursement of expenses.--An
ombudsman may not receive any compensation or reimbursement of
expenses from the county.
Section 4. Duties of ombudsman.
An ombudsman shall have the following powers and duties:
(1) To coordinate with the long-term care ombudsman at
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the local area agency on aging in order to avoid duplication
and to ensure that senior housing residents have access to
the most current information regarding programs and services
designed specifically for older Pennsylvanians. The ombudsman
shall obtain such information from the local area agency on
aging and make it available to residents upon their request.
(2) To coordinate with and maintain up-to-date
information from the agency for residents on financial
opportunities for senior housing facility options in this
Commonwealth.
(3) To provide residents with information on their
rights as senior housing residents under Federal and State
law.
(4) To receive complaints made by senior housing
residents relating to issues of treatment or services and to
direct senior housing residents to possible sources of legal
representation, when requested, including the Office of
Attorney General's Bureau of Consumer Protection.
(5) To perform such other duties, with regard to senior
housing residents, as authorized or requested by the chief
executive of the county.
Section 5. Effective date.
This act shall take effect in 60 days.
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