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
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for departmental
powers and duties as to small personal care homes; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding an article to
read:
ARTICLE IX-A
DEPARTMENTAL POWERS AND DUTIES AS TO
SMALL PERSONAL CARE HOMES
Section 901-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Relative." A parent, child, stepparent, stepchild,
grandparent, grandchild, brother, sister, half brother, half
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19 sister, aunt, uncle, niece or nephew.
"Small personal care home." As follows:
(1) A premises where food, shelter and personal
assistance or supervision are provided in exchange for
compensation for a period exceeding 24 hours for three or
fewer adults who meet the following criteria:
(i) They are not relatives of the operator.
(ii) They do not require the services of a licensed
long-term care facility.
(iii) They do require assistance or supervision in
such matters as dressing, bathing, diet, financial
management, evacuation of a residence in the event of an
emergency or medication prescribed for self
administration.
(2) The term does not include a personal care home as
defined in section 1001.
"Small personal care home administrator." An individual who
is charged with the general administration of a small personal
care home, whether or not the individual has an ownership
interest in the home or the individual's functions and duties
are shared with other individuals.
Section 902-A. Right of department to enter and inspect.
For the purpose of determining the suitability of a small
personal care home or whether the small personal care home is in
compliance with the regulations promulgated under section 907-A,
the following shall apply:
(1) In addition to the required annual inspection under
section 905-A, an authorized agent of the department may
enter, visit and inspect the small personal care home.
(2) An authorized agent of the department shall have
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30 full and free access to the records of the small personal
care home and the individuals residing in the small personal
care home, including the full opportunity to interview,
inspect or examine the individuals.
(3) An authorized agent of the department may confer
with the small personal care home administrator regarding the
minimum standards of the department, encourage the adoption
of higher standards and recommend methods of improving care
and services.
Section 903-A. Duties of small personal care home
administrators.
A small personal care home administrator shall have the
following duties:
(1) Maintaining, operating and conducting a small
personal care home in accordance with the regulations
promulgated under section 907-A.
(2) Keeping records and making reports as may be
required by the department.
Section 904-A. Criminal history record information.
No person shall provide assistance or supervision in a small
personal care home unless the person submits criminal history
record information from the Pennsylvania State Police to the
department.
Section 905-A. Required annual inspection.
The department shall annually conduct at least one
unannounced onsite inspection of each small personal care home.
Section 906-A. Registry.
The department shall establish a small personal care home
registry. An individual who seeks to become a small personal
care home administrator or is designated as a small personal
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30 care home administrator by the department shall register with
the department on a form prescribed by the department.
Section 907-A. Regulations.
The department shall promulgate regulations establishing
minimum standards for building, equipment, operation, care,
programs and services, training and staffing of small personal
care homes.
Section 908-A. Penalties.
If a person violates the provisions of this article or
regulations promulgated under section 907-A, the department,
upon the advice of the Attorney General, may maintain an action
in the name of the Commonwealth for an injunction or other
process restraining or prohibiting the person from engaging in
such activity.
Section 2. This act shall take effect in 60 days.
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