Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to pass a bill that establishes access to congregate care facilities for essential caregivers and creates additional safety requirements.

Highlights:

• Defines “declaration of disaster” as a disaster emergency declared by the Governor (Sec. 2).

• Defines “department” as the Department of Health of the Commonwealth (Sec. 2).

• Defines “essential caregiver” as an individual whether a family member or friend of a resident of a long-term care facility, who is designated by the resident or appointed by an individual with decision-making authority for the resident to provide physical or emotional support during a declaration of disaster emergency (Sec. 2).

• Defines “long-term care facility” as a facility licensed by a department of the department of human services, including, but not limited to (Sec. 2):

• A long-term care nursing facility;

• A skilled nursing facility;

• An assisted living facility;

• A personal care home;

• An older adult daily living center;

• An independent long-term care facility; or

• An intermediate care facility for individuals with intellectual disabilities.

• Authorizes the department, in consultation with the Department of Human Services to establish protocols to allow a resident of a long-term care facility or an individual with decision-making authority to designate an individual as the resident’s essential caregiver during a declaration of disaster emergency (Sec. 3).

• Authorizes an aforementioned essential caregiver that meets the necessary qualifications to provide in-person physical or emotional support to a resident of a long-term care facility (Sec. 3).

• Establishes the following safety measures for an essential caregiver, including, but not limited to (Sec. 3):

• Restrictions on travel;

• Enhanced testing for communicable diseases and the necessary safety equipment;

• Procedures to replace an essential caregiver due to necessary circumstances; and

• A duration, not to exceed 30 days, when a long-term care facility may enter a lock-down phase.

• Authorizes a long-term care facility to establish additional safety requirements to protect the residents of the long-term care facility so long as they are directly linked to a declaration of disaster emergency (Sec. 4).

• Authorizes a long-term care facility to suspend access to the long-term care facility for an essential caregiver who violates the aforementioned protocols (Sec. 5).

Full Bill Text