2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 20 - FAMILY CAREGIVER SUPPORT ACT - PRIMARY CAREGIVER SUPPORT PROGRAM, REIMBURSEMENTS AND ENTITLEMENT NOT CREATED AND FOR ENFORCEMENT
Session of 2021
No. 2021-20
HB 464
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 title of act, for intent, for definitions, for primary caregiver support program, for reimbursements, for entitlement not created and for enforcement.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The title of the act of December 19, 1990 (P.L.1234, No.204), known as the Family Caregiver Support Act, is amended to read:
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.], individuals with Alzheimer's disease or a related disorder, children with parents who are unable to care for them and individuals with disabilities.
Section 2. Section 2 introductory paragraph of the act is amended to read:
Section 2. Intent.
It is the intent of this act to ease the strain of caregiving and to assist 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] living with Alzheimer's disease or a related disorder by providing resources for services such as the following:
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Section 3. The definitions of "adult with chronic dementia," "care receiver," "household income" and "primary caregiver" in section 3 of the act are amended and the section is amended by adding definitions to read:
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 with chronic dementia." A person 18 years of age or older residing within this Commonwealth who has 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.]
"Alzheimer's disease or a related disorder." An irreversible and progressive neurological disorder diagnosed by a physician that:
(1) causes cognitive and memory impairment, behavioral and psychiatric problems and the loss of the ability to care for oneself;
(2) is severe enough to interfere with work or social activities; and
(3) requires continuous care or supervision.
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"Care receiver." [A functionally dependent older adult or other adult with chronic dementia who is being cared for by a primary caregiver.] Any of the following:
(1) A functionally dependent older adult who is 60 years of age or older and cared for by a primary caregiver who is 18 years of age or older.
(2) An individual with Alzheimer's disease or a related disorder who is cared for by a caregiver 18 years of age or older.
(3) A child who is younger than 18 years of age who is cared for and resides with an older relative caregiver for a child.
(4) An individual who is between 18 and 59 years of age, has a non-dementia-related disability and is cared for and resides with an older relative caregiver for an individual with a disability.
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"Household income." The income of all members of the care receiver's household with the exception of a minor or dependent student.
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"Older relative caregiver for a child." An individual who satisfies all of the following criteria:
(1) The individual is 55 years of age or older and resides with a child who is younger than 18 years of age.
(2) The individual is the grandparent, step-grandparent or other relative, not including the biological or adoptive parent related by blood, marriage or adoption.
(3) The individual is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to act as the primary caregiver of the child.
(4) The individual has a legal relationship to the child, including legal custody, adoption or guardianship of the child, or is caring for the child in an informal manner.
"Older relative caregiver for an individual with a disability." An individual who satisfies all of the following criteria:
(1) The individual is 55 years of age or older.
(2) The individual cares for and resides with an individual with a disability who is no younger than 18 years of age and no older than 59 years of age.
(3) The individual is the primary caregiver for the individual with a disability.
(4) The individual is the parent, grandparent or other relative of the individual with a disability by blood, marriage or adoption.
"Primary caregiver." [The one identified 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 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.] The one identified family member or other responsible individual who has primary responsibility for the provision of care, including the coordination of care and services needed to maintain the physical and mental health of the care receiver and who does not receive financial compensation for the care provided.
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Section 4. Sections 4(b)(3), 5(b), 6 and 8 of the act are amended to read:
Section 4. Primary caregiver support program.
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(b) Authority.--
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(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] and an older adult with Alzheimer's disease or a related disorder.
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Section 5. Reimbursements.
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(b) Maximum amounts.--
(1) The maximum amount available to a qualified primary caregiver whose care receivers' household income is under 200% of the Federal poverty guidelines shall be established by [regulation, but shall not exceed $200 per month,] the department for out-of-pocket expenses incurred for services. [described 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 the Federal poverty guidelines shall be established by [regulation, but shall not exceed $2,000] the department for the entire duration of the case, for expenses incurred for home modifications or assistive devices as described under section 4(c)(3). Prior to making a change to the maximum amount available to a qualified primary caregiver for out-of-pocket expenses incurred for services or for home modifications or assistive devices, the department shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and provide notification to the chairperson and minority chairperson of the Aging and Youth Committee of the Senate and the chairperson and minority chairperson of the Aging and Older Adult Services Committee of the House of Representatives.
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Section 6. Entitlement not created and prohibition.
(a) Entitlement not created.--Nothing in this act creates or provides any individual with an entitlement to services or benefits. Services under this act shall be made available only to the extent of the availability and level of appropriations made by the General Assembly.
(b) Prohibition.--A primary caregiver shall be prohibited from receiving benefits under this act under the following circumstances:
(1) the primary caregiver is a perpetrator in a substantiated case of abuse, neglect, exploitation or abandonment as defined in the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act;
(2) the primary caregiver is a perpetrator in a substantiated case of abuse, neglect, exploitation or abandonment as defined in the act of October 7, 2010 (P.L.484, No.70), known as the Adult Protective Services Act; or
(3) the primary caregiver is a perpetrator in a substantiated case of child abuse as defined in 23 Pa.C.S. Ch. 63 (relating to child protective services).
Section 8. Enforcement.
The department shall have authority to establish penalties, by regulation, associated with the violation of this act or departmental rules or regulations promulgated under this act. The department may not promulgate a regulation under this section that interferes with any privileges or rights provided under Federal law.
Section 5. This act shall take effect in 60 days.
APPROVED--The 11th day of June, A.D. 2021.
TOM WOLF
