PRINTER'S NO. 66 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.115 Session of 2025 INTRODUCED BY ARGALL, BROOKS, BOSCOLA, PENNYCUICK, LAUGHLIN, J. WARD, BROWN, MASTRIANO, GEBHARD, PHILLIPS-HILL, HUTCHINSON AND SCHWANK, JANUARY 22, 2025 REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 22, 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," in general powers and duties of the Department of Public Welfare, further providing for personal care home and assisted living residence administrators; and abrogating regulations. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 213 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, is amended by adding a subsection to read: Section 213. Personal Care Home and Assisted Living Residence Administrators.--* * * (f) Notwithstanding any other provision of law to the contrary, the department shall provide a skills competency examination to individuals seeking employment as a direct care staff person in either a personal care home or an assisted living residence in lieu of successfully obtaining a high school diploma or GED equivalency. The following shall apply: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (1) In addition to the duties required of a direct care staff person, the examination shall include an assessment of interpersonal communication skills, basic writing and reading comprehension, understanding of cultural and diverse communities, awareness of mental and behavioral health needs and other competencies specific to working in a personal care home or an assisted living residence. (2) Nothing in this subsection shall be construed to permit a direct care staff person from dispensing, distributing or administering medication. Section 2. The following shall apply: (1) In order to facilitate the prompt implementation of section 213(f) of the act, the Department of Human Services shall promulgate temporary regulations that shall expire not later than two years following the publication of the temporary regulations. The Department of Human Services may promulgate temporary regulations not subject to: (i) Section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (ii) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. (iii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. (iv) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (2) The authority of the Department of Human Services to adopt temporary regulations under paragraph (1) shall expire 20250SB0115PN0066 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 two years after the effective date of this paragraph. Regulations adopted after this period shall be promulgated as provided by law. Section 3. The provisions of 55 Pa. Code ยงยง 2600.54 and 2800.54 are abrogated insofar as they are inconsistent with the addition of section 213(f) of the act. Section 4. This act shall take effect in 60 days. 20250SB0115PN0066 - 3 - 1 2 3 4 5 6 7