HB 494 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, providing for departmental powers and duties as to small personal care homes; and imposing penalties.

PRINTER'S NO.   483

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 494
                                                 Session of
                                                   2025

     INTRODUCED BY KAZEEM, GIRAL, SANCHEZ, HADDOCK, HILL-EVANS,
        CIRESI, OTTEN, BRENNAN, KENYATTA AND GREEN, FEBRUARY 5, 2025

     REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 5, 2025


                                      AN ACT
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," providing for departmental
 4      powers and duties as to small personal care homes; and
 5      imposing penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The act of June 13, 1967 (P.L.31, No.21), known
 9   as the Human Services Code, is amended by adding an article to
10   read:
11                                ARTICLE IX-A
12                    DEPARTMENTAL POWERS AND DUTIES AS TO
13                         SMALL PERSONAL CARE HOMES
14   Section 901-A.    Definitions.
15      The following words and phrases when used in this article
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Relative."    A parent, child, stepparent, stepchild,
19   grandparent, grandchild, brother, sister, half brother, half
 1   sister, aunt, uncle, niece or nephew.
 2      "Small personal care home."      As follows:
 3          (1)   A premises where food, shelter and personal
 4      assistance or supervision are provided in exchange for
 5      compensation for a period exceeding 24 hours for three or
 6      fewer adults who meet the following criteria:
 7                (i)    They are not relatives of the operator.
 8                (ii)    They do not require the services of a licensed
 9          long-term care facility.
10                (iii)    They do require assistance or supervision in
11          such matters as dressing, bathing, diet, financial
12          management, evacuation of a residence in the event of an
13          emergency or medication prescribed for self
14          administration.
15          (2)   The term does not include a personal care home as
16      defined in section 1001.
17      "Small personal care home administrator."      An individual who
18   is charged with the general administration of a small personal
19   care home, whether or not the individual has an ownership
20   interest in the home or the individual's functions and duties
21   are shared with other individuals.
22   Section 902-A.      Right of department to enter and inspect.
23      For the purpose of determining the suitability of a small
24   personal care home or whether the small personal care home is in
25   compliance with the regulations promulgated under section 907-A,
26   the following shall apply:
27          (1)   In addition to the required annual inspection under
28      section 905-A, an authorized agent of the department may
29      enter, visit and inspect the small personal care home.
30          (2)   An authorized agent of the department shall have

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 1      full and free access to the records of the small personal
 2      care home and the individuals residing in the small personal
 3      care home, including the full opportunity to interview,
 4      inspect or examine the individuals.
 5          (3)    An authorized agent of the department may confer
 6      with the small personal care home administrator regarding the
 7      minimum standards of the department, encourage the adoption
 8      of higher standards and recommend methods of improving care
 9      and services.
10   Section 903-A.    Duties of small personal care home
11                 administrators.
12      A small personal care home administrator shall have the
13   following duties:
14          (1)    Maintaining, operating and conducting a small
15      personal care home in accordance with the regulations
16      promulgated under section 907-A.
17          (2)    Keeping records and making reports as may be
18      required by the department.
19   Section 904-A.    Criminal history record information.
20      No person shall provide assistance or supervision in a small
21   personal care home unless the person submits criminal history
22   record information from the Pennsylvania State Police to the
23   department.
24   Section 905-A.    Required annual inspection.
25      The department shall annually conduct at least one
26   unannounced onsite inspection of each small personal care home.
27   Section 906-A.    Registry.
28      The department shall establish a small personal care home
29   registry. An individual who seeks to become a small personal
30   care home administrator or is designated as a small personal

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 1   care home administrator by the department shall register with
 2   the department on a form prescribed by the department.
 3   Section 907-A.   Regulations.
 4      The department shall promulgate regulations establishing
 5   minimum standards for building, equipment, operation, care,
 6   programs and services, training and staffing of small personal
 7   care homes.
 8   Section 908-A.   Penalties.
 9      If a person violates the provisions of this article or
10   regulations promulgated under section 907-A, the department,
11   upon the advice of the Attorney General, may maintain an action
12   in the name of the Commonwealth for an injunction or other
13   process restraining or prohibiting the person from engaging in
14   such activity.
15      Section 2.    This act shall take effect in 60 days.




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