The Pennsylvania House of Representatives
has unanimously passed legislation (HB
1702) in support of senior respite services. The bill was introduced by Representative
Chris Ross (R-158).
HB 1702 was inspired by an assisted
senior program that has been operated for over 20 years by the
Kennett Area Senior Center. A similar program is in operation at the Downingtown
Area Senior Center.
The legislation authorizes the
licensing and oversight of “community adult respite services" programs. These
programs are intended for seniors who are living at home and require only
minimal assistance. They provide the senior with social interaction, exercise
and cognitive stimulation, thereby enhancing the potential for longer-term
independence. And they provide family members with a much needed break from
caregiving duties.
Program participants must be age 60
and over and be able to actively or passively engage in social and leisure
activities with others. Participants may suffer from mild cognitive or physical
impairment and need cueing. But the program is not intended for seniors with
higher care needs such as individuals needing assistance with medication, personal
hygiene care or who present a risk of wandering. Participants would be subject
to ongoing assessment. Those who develop more intense care needs would be
transitioned to other providers.
If enacted, the bill and related guidance
to be developed, would clarify the role to be
provided by senior respite programs like the Kennett Area Senior Center
program. In particular, it would demarcate them from the higher level of
assistance available in adult day care centers. Adult day centers provide
personal care, nursing services, social services, therapeutic activities,
nutrition and therapeutic diets and emergency care. [See the Directory of Pennsylvania
Adult Day Services Providers here.]
The legislation would provide a
safe harbor which would clear the way for additional senior centers and other
providers to offer senior respite services. This will hopefully allow for the
geographic expansion of respite to other senior centers across the state. It
may also encourage other non-profit and for-profit organizations to offer
senior respite.
An ultimate goal of the program is
to allow seniors to continue to live in their communities for as long as
possible. It can help participants maintain independence by enhancing their abilities
and supporting their caregivers. It represents another small cog in the continuum of
care.
Licensed long-term care service
providers will be able to provide senior respite services without a separate
license. But they must notify the Department of Aging of their intent to
operate a program. Other providers must obtain a license.
For the purpose of this exemption, licensed
long-term care service providers include:
An assisted living residence.
A continuing-care provider.
A Life program.
A long-term care nursing facility.
An older adult daily living center.
A personal care home.
Within a year and a half of
enactment, the Department of Aging is charged to develop guidance for the
program – via regulations or statements of policy.
Program monitoring will be provided
by either the Department of Aging or by local area agencies on aging (AAAs) acting
“as agents of the Department.” Programs may be operated by existing AAA senior
centers as well as other providers. Employees of senior respite services programs
will be prohibited from serving as power of attorney or guardian for a
participant.
The legislation includes no
provision for funding. This does improve its prospects for ultimate enactment.
But the lack of any public financing means that programs will need to come up
with creative ways to pay for the services provided. It’s possible that senior
centers could offer respite on a sliding-fee schedule based on ability to pay. Other
providers could subsidize their respite services as a means of marketing or for
charitable reasons.
HB 1702 now moves on to the Pennsylvania
Senate where its prospects appear bright. With broad bi-partisan support and no
public funding requirement, the bill may be on the Governor’s desk by this
summer.
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